Equans Fire Protection Services Pty Ltd Summary

[2024] FWCA 3280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Equans Fire Protection Services Pty Ltd

(AG2024/3530)

EQUANS FIRE PROTECTION SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2026

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the Equans Fire Protection Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2026.

An application has been made for approval of an enterprise agreement known as the Equans Fire Protection Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 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 Fire Protection Services Pty Ltd. The Agreement is a single enterprise agreement.

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

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 s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2024. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Equans Fire Protection Services Pty Ltd, an applicant, sought approval for an enterprise agreement under the Fair Work Act 2009. The respondent, CEPU – Plumbing Division (Vic), contested the application. The Fair Work Commission presided over the matter. The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether the agreement contained all the mandatory terms and conditions, and if it had been fairly negotiated.

The Commission examined the provisions of the Fair Work Act and the nature of the agreement. It considered whether the agreement provided for minimum terms and conditions, including rates of pay, hours of work, and other entitlements, and whether it allowed for the resolution of workplace disputes. The Commission also assessed if the agreement was negotiated fairly, in accordance with the Act's requirements for genuine bargaining. The applicant argued that the agreement met all necessary criteria and was the product of fair negotiations. The respondent contested certain terms, arguing they did not comply with the Act and were not fairly negotiated.

The Commission concluded that the agreement contained all mandatory terms and conditions and was fairly negotiated. It found that the provisions regarding pay, leave, and dispute resolution were comprehensive and adhered to the requirements of the Fair Work Act. The Commission accepted that the negotiations were genuine and not marred by any unfair practices. Therefore, the Commission approved the agreement, finding it to be in compliance with the legislative requirements. The decision was made in the interest of ensuring that the terms of the agreement provided adequate protection and fair treatment for employees while allowing for effective management by the employer.

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