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

[2023] FWCA 1098

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

(AG2023/922)

BSA ADVANCED PROPERTY SOLUTIONS FIRE (QLD) PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2023

Application for approval of the BSA Advanced Property Solutions Fire (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

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 (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

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, the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) are 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 the Agreement was made with the CEPU, the AMWU and the CFMMEU and therefore covers these organisations (see s 53(2)(b)).

The Agreement was approved on 17 April 2023 and, in accordance with s 54, will operate from 24 April 2023. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of an agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and BSA Advanced Property Solutions Fire (Qld) Pty Ltd, relating to the Southern Queensland Correctional Precinct Stage 2 Project at Greenfields. The agreement, titled the Greenfields Agreement 2020, was submitted for endorsement by the union as a registered agreement under the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement met the necessary criteria for approval, including whether it complied with the provisions of the Act, and if it provided fair and reasonable terms and conditions for the employees covered by it.

The Commission undertook a detailed examination of the agreement to ascertain whether it met the requirements for endorsement. Key considerations included the process by which the agreement was negotiated, the content of the agreement in relation to the terms and conditions it provided, and whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations. The Commission also considered submissions from both the union and the employer, as well as any relevant precedents or statutory provisions. After a thorough review, the Commission determined that the agreement was fair and reasonable and complied with the requirements of the Act.

Consequently, the Fair Work Commission approved the Greenfields Agreement 2020, endorsing it as a registered agreement. This decision meant that the terms and conditions set out in the agreement would apply to the relevant employees, and the agreement would have the force of a registered agreement under the Fair Work Act. The Commission's decision was based on the finding that the agreement was negotiated in good faith and provided fair and reasonable terms and conditions, thereby promoting harmonious, productive, and cooperative workplace relations. This outcome ensures that the agreement will serve as a binding framework for the employment conditions of the workers involved in the Southern Queensland Correctional Precinct Stage 2 Project at Greenfields.

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