BSA Advanced Property Solutions (Fire) Pty Ltd

[2024] FWCA 2996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BSA Advanced Property Solutions (Fire) Pty Ltd

(AG2024/2978)

BSA ADVANCED PROPERTY SOLUTIONS FIRE (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 14 AUGUST 2024

Application for approval of the BSA Advanced Property Solutions Fire (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of a greenfields agreement known as the BSA Advanced Property Solutions Fire (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by BSA Advanced Property Solutions (Fire) Pty Ltd.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 21 August 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BSA Advanced Property Solutions (Fire) Pty Ltd has applied for approval of the Enterprise Agreement between the company and the CEPU Electrical Division Queensland. The Fair Work Commission heard the application, which involves the approval of a proposed agreement between an employer and employees. The Commission must determine whether the agreement meets the statutory requirements and whether it is in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed agreement was a genuine enterprise agreement. This involved examining whether the agreement was genuinely negotiated between the parties, contained appropriate terms and conditions, and was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement complied with the statutory requirements under the Fair Work Act 2009, including the procedural fairness and the coverage of the agreement.

The Commission found that the proposed agreement was genuinely negotiated and met the statutory requirements. The agreement contained appropriate terms and conditions and was in the best interests of the employees. The Commission also found that the agreement complied with the procedural fairness requirements and the coverage of the agreement was appropriate. The Commission approved the proposed agreement, which will now be binding on the parties involved.

The Fair Work Commission approved the BSA Advanced Property Solutions Fire (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026. The agreement will now be binding on the parties and will govern the employment conditions of the employees involved. The Commission's decision is a significant step forward in ensuring that the employees have a fair and equitable agreement that meets their needs and the needs of the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established