360 Degree Fire Pty Ltd Trading As 360 Degree Fire Pty Ltd
[2025] FWCA 2522
•31 JULY 2025
| [2025] FWCA 2522 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
360 Degree Fire Pty Ltd Trading As 360 Degree Fire Pty Ltd
(AG2025/2369)
360 DEGREE FIRE PTY LTD - ENTERPRISE AGREEMENT FIRE SERVICES ELECTRICIAN - 2025 TO 2029
| Electrical contracting industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 31 JULY 2025 |
Application for approval of the 360 Degree Fire Pty Ltd - Enterprise Agreement - Fire Service Electrician - 2025 to 2029
Introduction
360 Degree Fire Pty Ltd Trading As 360 Degree Fire Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the 360 Degree Fire Pty Ltd - Enterprise Agreement Fire Services Electrician - 2025 To 2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement will apply to employees who are covered by the Electrical, Electronic and Communications Contracting Award 2020 (the Award).
Notice of Employee Representational Rights (NERR)
The NERR provided to the employee states that the Agreement is ‘proposed to cover employees that [Electrical, Electronic and Communications Contracting Award 2020].’ The Employer submitted that the NERR contained a typographical error and that it should have stated that the Agreement is ‘proposed to cover employees that are covered by the Electrical, Electronic and Communications Contracting Award 2020.’ The Employer provided submissions that this matter constituted a minor technical error.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matters constitutes a minor technical errors for the purpose of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
Delegates’ Rights Term
The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Appendix 5.
Shiftworker definition
Clause 37 of the Agreement provides that all shiftwork will be on an ad hoc basis only meaning it will not be continual shiftwork as defined in the Award and as such will not attract an extra week of annual leave. Shift work under the Agreement appears to be performed Sunday to Friday. Clause 21.1 of the Award provides that for the purpose of the additional week of annual leave provided for in the NES, a shiftworker is a 7-day shiftworker who is regularly rostered to work on Sundays and public holidays. The Agreement may be more restrictive than the Award which may be inconsistent with s.196 of the Act. The Employer submitted that clause 37 does not affect an employee’s entitlement to an additional week of annual leave under 21.1 of the Award, noting that the Agreement incorporates the Award. I accept this submission.
Section 190 Undertakings
The Employer provided written undertakings to address the above issues. A copy of the undertakings is attached in Appendix 6. 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.
Section 186, 187, 188 and 190
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.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 30 June 2029.
DEPUTY PRESIDENT
Appendix 6
[1] [2019] FWCFB 318.
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