Equans Fire Protection Services Pty Ltd

[2023] FWCA 2417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Equans Fire Protection Services Pty Ltd

(AG2023/2527)

EQUANS FIRE PROTECTION SERVICES PTY LIMITED QLD ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2023

Application for approval of the Equans Fire Protection Services Pty Limited QLD Enterprise Agreement 2023-2026

Equans Fire Protection Services Pty Ltd has made an application for approval of an enterprise agreement known as the Equans Fire Protection Services Pty Limited QLD 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.

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 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 3 August 2023 and, in accordance with s 54, it will operate from 10 August 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Equans Fire Protection Services Pty Ltd sought approval of its 2023-2026 Enterprise Agreement with its employees. The applicants argued that the agreement was appropriate for the workers involved and met the criteria for approval under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which had to decide whether the agreement met the necessary standards and was appropriate for the employees.

The central legal issues revolved around whether the agreement was a "better off overall test" (BOOT) agreement, whether it met the requirements of the Fair Work Act, and if it provided fair and reasonable terms and conditions for the employees. The court had to consider the overall benefits and detriments to the employees, as well as the provisions of the Fair Work Act and any relevant awards or agreements.

The Fair Work Commission found that the agreement met the BOOT requirements and was fair and reasonable for the employees. The court noted that the agreement provided for wage increases, improved conditions, and better dispute resolution mechanisms compared to the relevant award. The commission concluded that the agreement was appropriate and met all legal requirements, and thus approved the agreement.

The Fair Work Commission approved the Equans Fire Protection Services Pty Ltd 2023-2026 Enterprise Agreement, finding it to be fair and reasonable for the employees and meeting all legal requirements. The agreement was deemed appropriate under the Fair Work Act and was approved for implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established