Equans Fire Protection Services Pty Ltd Summary

[2025] FWCA 2771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Equans Fire Protection Services Pty Ltd

(AG2025/2473)

EQUANS FIRE PROTECTION SERVICES PTY LTD SOUTH AUSTRALIA ELECTRICAL ENTERPRISE AGREEMENT 2025 - 2029

Electrical contracting industry
COMMISSIONER THORNTON	ADELAIDE, 19 AUGUST 2025

Application for approval of the Equans Fire Protection Services Pty Ltd South Australia Electrical Enterprise Agreement 2025 - 2029

An application has been made for approval of an enterprise agreement known as the Equans Fire Protection Services Pty Ltd South Australia Electrical Enterprise Agreement 2025 - 2029 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act from 26 August 2025. The nominal expiry date of the Agreement is 1 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Equans Fire Protection Services Pty Ltd, an electrical services enterprise, and the Electrical Trades Union of Australia, representing employees within the enterprise. The dispute centred on the approval of the Equans Fire Protection Services Pty Ltd South Australia Electrical Enterprise Agreement 2025-2029, which aimed to outline the terms and conditions of employment for the specified period. The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009, including being in the best interests of the employees and not prejudicing the operation of the enterprise.

The primary legal issue before the Commission was whether the agreement provided fair and reasonable terms for the employees, while also ensuring that the enterprise could continue to operate effectively. This involved examining the proposed terms and conditions, including wages, hours of work, leave entitlements, and other employment-related matters. The Commission also needed to assess whether the agreement would unduly harm the enterprise's capacity to remain competitive and profitable. Furthermore, the Commission had to consider whether the agreement complied with the minimum entitlements set out in the relevant awards and the National Employment Standards.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including submissions, witness testimonies, and the proposed terms and conditions of the agreement. The Commission determined that the agreement provided fair and reasonable terms for the employees, taking into account the specific circumstances of the enterprise and the industry. The Commission found that the proposed agreement would not unduly harm the enterprise's capacity to remain competitive and profitable, and that it complied with the minimum entitlements set out in the relevant awards and the National Employment Standards. Consequently, the Commission approved the Equans Fire Protection Services Pty Ltd South Australia Electrical Enterprise Agreement 2025-2029, subject to the terms and conditions outlined in the decision.

The final orders of the Fair Work Commission included the approval of the Equans Fire Protection Services Pty Ltd South Australia Electrical Enterprise Agreement 2025-2029, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the specified period. The Commission also directed that any disputes arising from the agreement would be referred to the Fair Work Commission for resolution, in accordance with the Fair Work Act 2009.

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