Equans Electrical and Communications Pty Ltd Summary

[2023] FWCA 3113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Equans Electrical and Communications Pty Ltd

(AG2023/3218)

EQUANS ELECTRICAL AND COMMUNICATIONS PTY LIMITED QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 SEPTEMBER 2023

Application for approval of the Equans Electrical and Communications Pty Limited Queensland Enterprise Agreement 2023 – 2026

Equans Electrical and Communications Pty Ltd has made an application for approval of an enterprise agreement known as the Equans Electrical and Communications Pty Limited Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 26 September 2023 and, in accordance with s 54, it will operate from 3 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Equans Electrical and Communications Pty Ltd sought approval for a proposed enterprise agreement. The applicant, a company operating within the electrical and communications sectors in Queensland, aimed to formalise employment terms and conditions with its employees as per the proposed agreement for the period 2023-2026. The dispute centred on the fairness and compliance of the proposed agreement with the relevant industrial laws, specifically the Fair Work Act 2009.

The court was tasked with determining whether the proposed agreement met the necessary criteria for approval, including compliance with the "better off overall test" and "no disadvantage test". It was essential to establish if the agreement provided employees with at least the same conditions as they would have under the applicable award or modern award, and if it did not place employees at a disadvantage compared to those not covered by the agreement. Furthermore, the court examined if the agreement had been made in good faith and whether the appropriate procedures for its making had been followed.

Upon reviewing the submissions and evidence provided by both parties, the Fair Work Commission found that the proposed agreement complied with the necessary legislative requirements. The agreement was deemed to be fair and balanced, meeting the "better off overall test" and "no disadvantage test". The Commission concluded that the agreement was made in good faith and that all appropriate procedures had been followed in its development. Consequently, the application for approval of the Equans Electrical and Communications Pty Ltd Queensland Enterprise Agreement 2023 – 2026 was approved.

The Fair Work Commission ordered that the Equans Electrical and Communications Pty Ltd Queensland Enterprise Agreement 2023 – 2026 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement shall apply to the relevant employees and employers, and any disputes arising from its interpretation or application must be referred to the Fair Work Commission for resolution.

Equans Electrical and Communications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established