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

[2022] FWCA 936

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

(AG2022/549)

BSA Advanced Property Solutions (FIRE) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 MARCH 2022

Application for approval of the BSA Advanced Property Solutions (FIRE) 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) 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) of the Act, I am satisfied that the CEPU and the Australian Manufacturing Workers' Union (AMWU) 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, and 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 the AMWU and that the Agreement covers these organisations.

The Agreement was approved on 17 March 2022 and, in accordance with s 54, will operate from 24 March 2022. 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which applied for the approval of a particular industrial agreement. The agreement in question was the BSA Advanced Property Solutions (FIRE) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The court was tasked with determining whether this agreement met the necessary criteria under the relevant industrial laws to warrant its approval.

The legal issues before the court centred on the compliance of the proposed Greenfields Agreement with the provisions of the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement satisfied the requirements for a registered agreement, including the necessity for good faith bargaining, the avoidance of coercion and undue influence, and the adherence to the process outlined in the legislation. Additionally, the court considered whether the agreement provided fair and reasonable terms for the employees and whether it appropriately balanced the interests of both the employer and the employees.

The court meticulously reviewed the evidence and submissions presented by the parties. It examined the bargaining process, the content of the agreement, and the implications of the terms for the workforce. The court found that the agreement met the statutory requirements for approval. It concluded that the agreement was the product of genuine and good faith bargaining, and that it provided fair and reasonable terms for the employees involved. Furthermore, the court determined that the agreement did not exhibit any elements of coercion or undue influence, and that it complied with all necessary procedural requirements under the Fair Work Act.

As a result of the court's findings, the application for approval of the BSA Advanced Property Solutions (FIRE) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 was successful. The court granted the approval, thereby allowing the agreement to be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established