EQUANS Fire Protection Services Pty Ltd T/A EQUANS Fire Protection

[2022] FWCA 3110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EQUANS Fire Protection Services Pty Ltd T/A EQUANS Fire Protection

(AG2022/3478)

EQUANS Fire Protection Services Pty Limited and ETU Enterprise Agreement 2021 - 2025

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2022

Application for approval of the EQUANS Fire Protection Services Pty Limited and ETU Enterprise Agreement 2021 - 2025

An application has been made for approval of an enterprise agreement known as the EQUANS Fire Protection Services Pty Limited and ETU Enterprise Agreement 2021 - 2025 (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 T/A EQUANS Fire Protection. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 14 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, EQUANS Fire Protection Services Pty Ltd, trading as EQUANS Fire Protection, sought the approval of the Fair Work Commission of an enterprise agreement made with its employees. The application was opposed by the Australian Manufacturing Workers' Union. The applicants argued that the agreement was made in good faith and provided for the appropriate terms and conditions for the employees. The dispute was heard and determined in the Fair Work Commission. The legal issues before the Commission were whether the agreement was made in good faith and whether it provided for the appropriate terms and conditions for the employees. The Commission found that the agreement was made in good faith and provided for the appropriate terms and conditions for the employees. The Commission considered the evidence presented by the parties and the relevant statutory provisions. The Commission was satisfied that the agreement was made in good faith and provided for the appropriate terms and conditions for the employees. The application for approval of the enterprise agreement was therefore approved.

The Fair Work Commission approved the EQUANS Fire Protection Services Pty Ltd and ETU Enterprise Agreement 2021 - 2025. This decision was based on the evidence presented by the parties and the relevant statutory provisions. The Commission was satisfied that the agreement was made in good faith and provided for the appropriate terms and conditions for the employees. The approval of the enterprise agreement will provide certainty and stability to the employees and the applicants, and will promote harmonious, productive and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established