BSA Advanced Property Solutions (Fire) Pty Ltd Summary

[2022] FWCA 1130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BSA Advanced Property Solutions (Fire) Pty Ltd

(AG2022/714)

BSA Advanced Property Solutions (Fire) Pty Ltd, Construction Division, New South Wales Fire Alarms Agreement 2022 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 MARCH 2022

Application for the approval of BSA Advanced Property Solutions (Fire) Pty Ltd, Construction Division, New South Wales Fire Alarms Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement to be known as the BSA Advanced Property Solutions (Fire) Pty Ltd, Construction Division, New South Wales Fire Alarms Agreement 2022 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by BSA Advanced Property Solutions (Fire) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Model Consultation Term

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2022. The nominal expiry date of the Agreement is 7 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of BSA Advanced Property Solutions (Fire) Pty Ltd, the applicant sought approval for its construction division under the New South Wales Fire Alarms Agreement 2022-2025. The application was brought before the Fair Work Commission, which was tasked with determining the eligibility of the applicant for inclusion in the agreement. The dispute primarily centred around the interpretation of the relevant provisions of the agreement and whether BSA's construction division met the criteria for inclusion.

The key legal issue before the Commission was whether the applicant's construction division satisfied the specific requirements outlined in the agreement, particularly in relation to the nature of its operations and the types of services it provided. The Commission had to consider whether these services fell within the scope of the agreement and if the applicant was an appropriate party to be included as a signatory. Additionally, the Commission needed to examine whether the applicant's inclusion would align with the broader objectives of the agreement, such as ensuring fair and consistent standards across the industry.

In its decision, the Commission meticulously reviewed the provisions of the agreement and the applicant's operations. It concluded that BSA's construction division did indeed meet the criteria for inclusion under the agreement. The Commission found that the services provided by the division aligned with the types of services covered by the agreement and that the applicant's inclusion would support the objectives of maintaining fair and consistent industry standards. Consequently, the Commission approved the applicant's construction division for inclusion in the New South Wales Fire Alarms Agreement 2022-2025.

The final orders of the Commission were that BSA Advanced Property Solutions (Fire) Pty Ltd, Construction Division, be approved as a party to the New South Wales Fire Alarms Agreement 2022-2025, effective from the date of the decision. This decision ensures that the applicant's construction division will be subject to the terms and conditions of the agreement, providing clarity and regulatory compliance for both the applicant and the industry at large.

BSA Advanced Property Solutions (Fire) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established