Equans Fire Protection Services Pty Ltd Summary

[2025] FWCA 1561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Equans Fire Protection Services Pty Ltd

(AG2025/1278)

EQUANS FIRE PROTECTION SERVICES PTY LTD SOUTH AUSTRALIA SPRINKLER FITTERS ENTERPRISE AGREEMENT 2025 - 2026

Plumbing industry
COMMISSIONER PERICA	MELBOURNE, 9 MAY 2025

Application for approval of the Equans Fire Protection Services Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement 2025-2026

An application has been made for approval of an enterprise agreement known as the Equans Fire Protection Services Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement 2025 - 2026 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 9 May 2025. It will operate from 16 May 2025 as required by section 54 of the Act. The nominal expiry date is 30 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Equans Fire Protection Services Pty Ltd applied to the Fair Work Commission for approval of the South Australia Sprinkler Fitters Enterprise Agreement 2025-2026. The applicant argued that the agreement was made in good faith and was in the best interests of the employees, as required under the Fair Work Act 2009. The applicant sought to have the agreement certified as meeting the requirements for approval, which would allow the agreement to be registered and enforced.

The court had to determine whether the agreement was made in good faith and whether it was in the best interests of the employees. The applicant argued that the agreement was made in good faith, as it was negotiated between the parties, and that it was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions. The applicant also argued that the agreement provided for a process for resolving disputes between the parties and that it included provisions for the protection of employees' rights.

The court found that the agreement was made in good faith and was in the best interests of the employees. The court found that the agreement provided for a fair and reasonable set of terms and conditions, and that it included provisions for the protection of employees' rights. The court also found that the agreement provided for a process for resolving disputes between the parties, which was in the best interests of the employees. The court approved the agreement and made orders for its registration and enforcement.

Equans Fire Protection Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established