| [2023] FWCA 2306 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
EQUANS Electrical and Communications Pty Ltd
(AG2023/2414)
EQUANS ELECTRICAL & COMMUNICATIONS PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025
| Electrical power industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 25 JULY 2023 |
Application for approval of the EQUANS Electrical & Communications Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025
An application has been made for approval of a greenfields agreement known as the EQUANS Electrical & Communications Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (the Agreement). The application was made by EQUANS Electrical and Communications Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (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 have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation) is 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.
Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 August 2023. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520883 PR764570>
- AGLC
- EQUANS Electrical and Communications Pty Ltd [2023] FWCA 2306
- Case
- [2023] FWCA 2306
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and if it adhered to the relevant provisions of the Act, such as the "better off overall test" and the "no detriment" test. The ETU NSW/ACT argued that the agreement did not meet these criteria, asserting that it would result in a detriment to employees and did not ensure fair and reasonable terms.
The Commission carefully examined the proposed agreement and the evidence provided by both parties. It considered the overall fairness of the terms, including wages, working conditions, and other employment-related provisions. The Commission concluded that the agreement met the statutory requirements for approval, finding that it was fair and reasonable and did not result in any detriment to the employees. The Commission's decision was based on its assessment that the agreement provided for adequate protections and benefits that were better off overall for the employees.
The Fair Work Commission approved the EQUANS Electrical & Communications Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025. The decision was made in light of the Commission's finding that the agreement met the necessary criteria under the Fair Work Act 2009. This approval allows the agreement to be implemented, governing the terms and conditions of employment for the relevant period.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.