Equans Fire Protection Services Pty Ltd

[2023] FWCA 444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Equans Fire Protection Services Pty Ltd

(AG2023/162)

Equans Fire Protection Services Pty Ltd South Australia Portable Service and Inspection & Testing Technician Enterprise Agreement 2022-2026

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 FEBRUARY 2023

Application for approval of the Equans Fire Protection Services Pty Ltd South Australia Portable Service and Inspection & Testing Technician Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the Equans Fire Protection Services Pty Ltd South Australia Portable Service and Inspection & Testing Technician Enterprise Agreement 2022-2026 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 February 2023. The nominal expiry date of the Agreement is 12 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Equans Fire Protection Services Pty Ltd, sought approval of its enterprise agreement from the Fair Work Commission. The agreement, which covers technicians employed in South Australia, was for a term of four years, from 2022 to 2026. The dispute arose when objections to the agreement were lodged by the Australian Council of Trade Unions, who argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The Fair Work Commission was required to determine whether the agreement was a "single interest" enterprise agreement, and whether it contained all the mandated terms and conditions as required by the Act. Additionally, the Commission needed to consider the fairness of the agreement's terms in the context of the employees' employment conditions, including pay rates, hours of work, and leave entitlements.

The Commission found that the agreement was a "single interest" enterprise agreement, as it was entered into by the applicant and its employees in good faith. The agreement contained all the mandated terms and conditions, including those relating to pay rates, hours of work, and leave entitlements. The Commission was satisfied that the agreement was fair and reasonable, and approved it accordingly. The Commission noted that the agreement provided for a significant increase in pay rates over the term of the agreement, and that the parties had negotiated in good faith to reach the terms.

No further orders were made by the Commission. The enterprise agreement was approved and will be registered with the Fair Work Commission. The parties are now bound by the terms of the agreement, which will govern their employment relationship for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established