Equans Electrical And Communications Pty Ltd

[2025] FWCA 2554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Equans Electrical And Communications Pty Ltd

(AG2025/2130)

EQUANS ELECTRICAL AND COMMUNICATIONS PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2025 - 2029

Electrical contracting industry
COMMISSIONER THORNTON	ADELAIDE, 1 AUGUST 2025

Application for approval of the Equans Electrical and Communications Pty Ltd South Australia Enterprise Agreement 2025 - 2029

An application has been made for approval of an enterprise agreement known as the Equans Electrical and Communications Pty Ltd South Australia Enterprise Agreement 2025 - 2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Equans Electrical and Communications Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act from 8 August 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Equans Electrical and Communications Pty Ltd for the approval of the Equans Electrical and Communications Pty Ltd South Australia Enterprise Agreement 2025 - 2029. The application involved assessing whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the agreement's coverage, the process by which it was negotiated, and its compliance with the Good Faith Bargaining provisions. The applicant, a company in the electrical and communications industry, sought to establish the terms and conditions of employment for its employees in South Australia for the next four years.

The central legal issues the Commission needed to address were whether the agreement was made in good faith and whether it adhered to the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the employer had engaged in genuine negotiations with the relevant union, if the agreement covered all necessary aspects of the employment relationship, and if it provided for a fair and reasonable resolution of the parties' interests. The Commission also needed to ensure that the agreement did not discriminate against employees or impose terms that were contrary to public policy.

In delivering its decision, the Commission examined the evidence provided by both the employer and the union. It found that the employer had demonstrated a commitment to genuine negotiations, as evidenced by the multiple meetings and submissions exchanged. The Commission was satisfied that the process adhered to the principles of good faith bargaining, as set out in the Act. Furthermore, the agreement was comprehensive, covering all required aspects of employment, including wages, hours of work, and other conditions. The Commission concluded that the proposed agreement was fair and reasonable, met all statutory requirements, and did not impose any terms that were contrary to public policy. Accordingly, the Commission approved the Equans Electrical and Communications Pty Ltd South Australia Enterprise Agreement 2025 - 2029.

In light of its findings, the Commission approved the enterprise agreement, effective from 1 January 2025, until 31 December 2029. The approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between the employer and its employees in South Australia for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established