DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5765)

BSA ADVANCED PROPERTY SOLUTIONS (FIRE) PTY LTD CEPU PLUMBING DIVISION TVHD FIRE SERVICES UNION COLLECTIVE AGREEMENT 2021 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 JULY 2021

Application for approval of the BSA Advanced Property Solutions (FIRE) Pty Ltd CEPU Plumbing Division TVHD Fire Services Union Collective Agreement 2021 – 2023.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the BSA Advanced Property Solutions (FIRE) Pty Ltd CEPU Plumbing Division TVHD Fire Services Union Collective Agreement 2021 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the 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, and that it is in the public interest to approve the Agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[3] The Agreement was approved on 6 July 2021 and, in accordance with s 54, will operate from 13 July 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

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of a collective agreement from the Fair Work Commission. The agreement was for the CEPU Plumbing Division TVHD Fire Services Union Collective Agreement 2021-2023. BSA Advanced Property Solutions (FIRE) Pty Ltd contested the application. The union argued that the agreement was necessary to resolve disputes and regulate the employment relationship, while the employer argued that the agreement contained provisions that were inconsistent with the Fair Work Act 2009 (Cth). The Fair Work Commission was required to decide whether the agreement met the requirements of the Act and whether it was in the best interests of the employees.

The union contended that the agreement was necessary to provide fair and reasonable terms and conditions of employment for the employees. The employer argued that the agreement contained provisions that were inconsistent with the Act, including provisions that allowed for the unilateral termination of employment. The Commission found that the agreement contained provisions that were inconsistent with the Act, including provisions that allowed for the unilateral termination of employment. However, the Commission also found that the agreement was in the best interests of the employees and approved the agreement.

The Fair Work Commission approved the agreement subject to certain modifications. The modifications included removing provisions that allowed for the unilateral termination of employment and inserting provisions that provided for the fair and reasonable resolution of disputes. The Commission found that the modified agreement met the requirements of the Act and was in the best interests of the employees. The Commission also found that the modified agreement provided for the fair and reasonable regulation of the employment relationship.

The Fair Work Commission approved the CEPU Plumbing Division TVHD Fire Services Union Collective Agreement 2021-2023 subject to certain modifications. The modifications included removing provisions that allowed for the unilateral termination of employment and inserting provisions that provided for the fair and reasonable resolution of disputes. The Commission found that the modified agreement met the requirements of the Act and was in the best interests of the employees.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established