DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/3970)

BSA ADVANCED PROPERTY SOLUTIONS (FIRE) PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2019 – 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MARCH 2021

Application for approval of the BSA Advanced Property Solutions (Fire) Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of a greenfields agreement known as the BSA Advanced Property Solutions (Fire) Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022 (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)(a) 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. I am also satisfied 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 9 March 2021 and, in accordance with s 54, will operate from 16 March 2021. The nominal expiry date of the Agreement is 31 October 2022.

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, filed an application for approval of the BSA Advanced Property Solutions (Fire) Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022 with the Fair Work Commission. The company, BSA Advanced Property Solutions (Fire) Pty Ltd, opposed the application, contending that the agreement failed to meet the requirements of section 232 of the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the statutory requirements for approval. Specifically, the Commission had to determine if the agreement contained the necessary terms and conditions, including the provisions on wages, hours of work, leave, and other employment-related matters. The union argued that the agreement met all the statutory requirements, while the company asserted that it did not.

The Commission examined the agreement clause by clause, focusing on whether it met the statutory criteria for approval. The Commission found that the agreement contained all the required terms and conditions and was therefore in compliance with section 232 of the Act. The company's arguments regarding the agreement's non-compliance were rejected, leading to the approval of the agreement.

The Fair Work Commission approved the BSA Advanced Property Solutions (Fire) Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2019 - 2022. The agreement was deemed to be in compliance with the statutory requirements and was thus approved for implementation.

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