Application by Equans Fire Protection Services Pty Ltd
Citation: [2026] FWCA 1826
What happened
Equans Fire Protection Services Pty Ltd applied to have its 'South Australia Sprinkler Fitters Enterprise Agreement 2026 – 2030' approved. The agreement covers employees and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Fair Work Commission considered whether the agreement met requirements under the Fair Work Act 2009. Several clauses were noted as potentially inconsistent with the National Employment Standards (NES), particularly regarding personal leave evidence requirements, carer’s leave scope, and unpaid carer's leave entitlements.
What was decided
The Fair Work Commission approved the Equans Fire Protection Services Pty Ltd enterprise agreement. The Commissioner was satisfied that the agreement did not cause financial detriment to employees and met relevant legislative requirements. Any inconsistencies between the agreement and the National Employment Standards (NES) will be resolved in favour of the NES. The agreement will operate from 21 July 2026, expiring on 30 April 2030. The CEPU is covered by this agreement.
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Clauses that appear stricter than NES entitlements may be overridden. Providing written undertakings can help address concerns about financial detriment and substantial changes to an agreement.
What it means for employees
Employees covered by this agreement benefit from the more generous entitlements provided under the National Employment Standards (NES) where there is a conflict with the enterprise agreement. This includes provisions for personal leave, carer’s leave, and unpaid carer's leave.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →