DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BSA Advanced Property Solutions (VIC) Pty Ltd
(AG2021/4843)

BSA ADVANCED PROPERTY SOLUTIONS (VIC) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2020 - 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MAY 2021

Application for approval of the BSA Advanced Property Solutions (VIC) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024.

[1] BSA Advanced Property Solutions (VIC) Pty Ltd has made an application for approval of an enterprise agreement known as the BSA Advanced Property Solutions (VIC) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 May 2021 and, in accordance with s 54, will operate from 11 May 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BSA Advanced Property Solutions (VIC) Pty Ltd applied for the approval of the BSA Advanced Property Solutions (VIC) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024. The agreement was submitted for consideration by the Commission to determine its compliance with the Fair Work Act 2009. The nature of the dispute involved the specific terms and conditions of employment as outlined in the proposed agreement, including wages, working hours, and other employment-related matters.

The legal issues that the Commission needed to address included whether the agreement met the requirements of the Fair Work Act, particularly sections concerning the protection of employees' rights and interests, and whether the agreement was made in good faith. The Commission also had to consider whether the agreement provided a safety net for employees by ensuring minimum standards were met and whether it was fair and reasonable in all its aspects.

Upon reviewing the agreement, the Commission found that it complied with the Fair Work Act and contained provisions that adequately protected the rights and interests of the employees. The Commission determined that the agreement was made in good faith and provided a safety net for employees by ensuring minimum standards were met. Additionally, the Commission considered the agreement to be fair and reasonable in all its aspects. Consequently, the Commission approved the BSA Advanced Property Solutions (VIC) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision, ensuring that it would govern the employment conditions for the specified period. The Commission's decision was based on the thorough examination of the agreement's provisions and its alignment with the statutory requirements under the Fair Work Act.

BSA Advanced Property Solutions (VIC) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established