EQUANS AV Technologies Pty Ltd

[2022] FWCA 4317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EQUANS AV Technologies Pty Ltd

(AG2022/5021)

EQUANS AV Technologies Pty Limited & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 13 DECEMBER 2022

Application for approval of the EQUANS AV Technologies Pty Limited & ETU Enterprise Agreement 2021 - 2025

An application has been made for approval of an enterprise agreement known as the EQUANS AV Technologies Pty Limited & ETU Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EQUANS AV Technologies Pty Ltd. The Agreement is a single enterprise agreement.

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

I observe that clause 4.19 in part A and clause 4.21 in part B of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 20 December 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the EQUANS AV Technologies Pty Limited & ETU Enterprise Agreement 2021-2025. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees. The application was heard by the Commission, which comprises members with expertise in industrial relations.

The legal issues before the Commission were whether the enterprise agreement was a "good faith" bargain, if it complied with the formal requirements of the Act, and if it provided adequate protections and benefits to the employees. A significant aspect of the inquiry was the assessment of whether the agreement adequately represented the interests of the workforce and if it had been negotiated in good faith. Additionally, the Commission had to ensure that the agreement did not undermine the minimum standards provided by the National Employment Standards or the relevant awards.

In its decision, the Commission carefully examined the content of the agreement, the process of its negotiation, and the submissions from both the employer and the employees' representative. The Commission found that the agreement was the result of good faith bargaining and contained provisions that were fair and reasonable. It determined that the agreement met all statutory requirements and would provide beneficial terms and conditions for the employees. The Commission approved the enterprise agreement, noting that it provided appropriate protections and reflected the needs of the workforce. The approval of the agreement was contingent on certain conditions being met, including the provision of specific information to employees and the establishment of a dispute resolution process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established