Equans Fire Protection Services Pty Ltd

[2023] FWCA 2415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Equans Fire Protection Services Pty Ltd

(AG2023/2521)

EQUANS FIRE PROTECTION SERVICES PTY LIMITED WA ENTERPRISE AGREEMENT 2023-2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2023

Application for approval of the Equans Fire Protection Services Pty Limited WA Enterprise Agreement 2023-2027

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 WA Enterprise Agreement 2023-2027 (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

The Fair Work Commission received an application for approval of the Equans Fire Protection Services Pty Limited Western Australia Enterprise Agreement 2023-2027. Equans Fire Protection Services Pty Limited, an employer, and the Electrical Trades Union of Australia, the union, sought the approval. The agreement aimed to regulate the terms and conditions of employment for the union's members within the company. The legal issues that the Fair Work Commission needed to address were whether the agreement met the requirements under the Fair Work Act 2009, including whether it provided for the proper representation of employees, if it contained terms and conditions that were fair and reasonable, and if it was free from any discriminatory provisions.

The Commission examined the provisions of the agreement to ensure that it complied with the statutory requirements. The Commission considered the nature of the enterprise, the bargaining power of the parties, and the overall fairness of the terms and conditions. It assessed whether the agreement provided for a fair and efficient workplace, and if it addressed the needs of both the employer and the employees adequately. The Commission found that the agreement was comprehensive and adequately addressed the terms and conditions of employment. It was concluded that the agreement provided for proper representation, contained fair and reasonable terms, and did not include any discriminatory provisions.

Accordingly, the Fair Work Commission approved the Equans Fire Protection Services Pty Limited Western Australia Enterprise Agreement 2023-2027. The approval ensures that the terms and conditions of employment for the union members are legally binding and enforceable. This decision provides certainty and stability for both the employer and the employees, promoting a harmonious workplace environment. The approval is effective from the date of the decision and remains in force until the end of the agreement's term or until it is replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established