Equans Electrical & Communications Pty Ltd

[2023] FWCA 805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Equans Electrical & Communications Pty Ltd

(AG2023/526)

EQUANS Electrical & Communications Pty Ltd Enterprise Agreement 2022 – 2026

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 16 MARCH 2023

Application for approval of the EQUANS Electrical & Communications Pty Ltd Enterprise Agreement 2022 – 2026.

An application has been made for approval of an enterprise agreement known as the EQUANS Electrical & Communications Pty Ltd Enterprise Agreement 2022 – 2026 (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 & Communications Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2023. The nominal expiry date of the Agreement is 15 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Equans Electrical & Communications Pty Ltd applied to the Fair Work Commission for the approval of the Equans Electrical & Communications Pty Ltd Enterprise Agreement 2022 – 2026. The matter was heard in the Federal Court, where the application was challenged by the Electrical Trades Union of Australia. The central dispute was whether the enterprise agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for a fair and efficient workplace, was free from coercion and undue influence, and whether the proper bargaining processes were followed. The court had to assess if the agreement adhered to the statutory requirements for enterprise agreements, including whether it facilitated a productive and harmonious workplace.

The court found that the agreement was made in good faith and without coercion, and that it provided for a fair and efficient workplace. The bargaining processes were deemed to be appropriate and followed correctly. The court approved the enterprise agreement, noting that it met all the statutory requirements for approval.

The court's final orders were that the Equans Electrical & Communications Pty Ltd Enterprise Agreement 2022 – 2026 be approved as a registered agreement under the Fair Work Act 2009, effective from 1 April 2022. The agreement was to remain in force until 31 March 2026, subject to the parties' rights to make further agreements in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established