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

[2024] FWCA 1664

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

(AG2024/1419)

BSA ADVANCED PROPERTY SOLUTIONS (FIRE) PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2024

Application for approval of the BSA Advanced Property Solutions (Fire) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028

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 NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

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. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 7 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the representative for the employees, sought approval for the BSA Advanced Property Solutions (Fire) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The matter was heard by the Fair Work Commission.

The central legal issue for the Commission to determine was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, specifically whether it met the criteria for approval as a single interest employer agreement. The Commission had to consider if the agreement was in the best interests of the employees, if it provided for fair terms and conditions, and whether it was made in good faith.

The Fair Work Commission examined the proposed agreement in detail, assessing it against the statutory requirements. The Commission found that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. It concluded that the agreement was in the best interests of the employees and met the criteria for approval under the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the BSA Advanced Property Solutions (Fire) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, effective from the date of the decision. The agreement is now legally binding on the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established