DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3695)

BJSA MECHANICAL PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2020

Application for approval of the BJSA Mechanical Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the BJSA Mechanical Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] The Agreement was approved on 18 December 2020 and, in accordance with s 54, will operate from 25 December 2020. 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and BJSA Mechanical Pty Ltd. The union sought approval of a collective agreement governing the terms and conditions of employment for its members working in the mechanical division of BJSA Mechanical Pty Ltd. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the commission included whether the collective agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the commission had to determine if the agreement met the requirements for being a "registered organisation agreement" under the Fair Work Act and if it complied with the provisions concerning the registration of organisations and the approval of agreements.

The commission found that the agreement was valid and approved it. The union was deemed to be a registered organisation under the Fair Work (Registered Organisations) Act, and the agreement met the necessary criteria for a registered organisation agreement under the Fair Work Act. The commission concluded that the agreement provided fair and reasonable terms for the employees and did not contravene any provisions of the Act or the registered organisations legislation.

As a result of the commission's decision, the collective agreement between the union and BJSA Mechanical Pty Ltd was approved and became legally binding on the parties. The union's members employed in the mechanical division of the company would be governed by the terms and conditions set out in the agreement.

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