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

[2024] FWCA 3620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/2752)

BSA ADVANCED PROPERTY SOLUTIONS FIRE (QLD) PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Plumbing industry
DEPUTY PRESIDENT BELL	MELBOURNE, 17 OCTOBER 2024

Application for approval of the BSA Advanced Property Solutions Fire (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024.

An application has been made for approval of an enterprise agreement known as the BSA Advanced Property Solutions Fire (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 10 May 2024 and the Agreement was made on 8 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The CEPU 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) I note that the Agreement covers the organisation.

The Agreement was approved on 17 October 2024 and, in accordance with s.54, will operate from 24 October 2024. The nominal expiry date of the Agreement is 1 January 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union brought an application seeking approval of a certified agreement under the Fair Work Act 2009. The application concerned the BSA Advanced Property Solutions Fire (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The union argued that the certified agreement provided fair and reasonable terms and conditions of employment, while the employer argued that the agreement did not provide for the terms and conditions of employment to be fair and reasonable. The court was required to decide whether the certified agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the provisions of the Fair Work Act.

The court considered whether the certified agreement provided for fair and reasonable terms and conditions of employment by examining the agreement's provisions and the evidence provided by both parties. The court noted that the agreement provided for a number of provisions that were consistent with industry standards and that the union had provided evidence that the agreement provided for fair and reasonable terms and conditions of employment. The court also considered the employer's arguments that the agreement did not provide for fair and reasonable terms and conditions of employment, but found that the employer had not provided sufficient evidence to support this claim. The court concluded that the certified agreement provided for fair and reasonable terms and conditions of employment.

The court also considered whether the certified agreement complied with the provisions of the Fair Work Act. The court found that the agreement complied with the provisions of the Act, including the requirement that the agreement be certified by the Fair Work Commission. The court also noted that the agreement provided for the parties to have the opportunity to bargain in good faith and to reach an agreement that was fair and reasonable.

The court approved the certified agreement and ordered that it be registered with the Fair Work Commission. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the provisions of the Fair Work Act. The court also noted that the agreement provided for the parties to have the opportunity to bargain in good faith and to reach an agreement that was fair and reasonable.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established