Ara Fire Protection Services Pty Limited

[2025] FWCA 3002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ara Fire Protection Services Pty Limited

(AG2025/2727)

ARA FIRE PROTECTION SERVICES P/L FIRE ALARMS ENTERPRISE AGREEMENT 2025

Fire fighting services
DEPUTY PRESIDENT CROSS	SYDNEY, 5 SEPTEMBER 2025

Application for approval of the ARA Fire Protection Services P/L Fire Alarms Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the ARA Fire Protection Services P/L Fire Alarms Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ara Fire Protection Services Pty Limited. 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.5, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2025. The nominal expiry date of the Agreement is 21 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ara Fire Protection Services Pty Limited, applied for the approval of the ARA Fire Protection Services P/L Fire Alarms Enterprise Agreement 2025. The agreement was negotiated between the applicant and the Australian Manufacturing Workers' Union. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement.

The legal issues before the commission included whether the agreement complied with the statutory requirements for enterprise agreements, such as the provisions concerning minimum entitlements, the inclusion of essential terms, and the procedural fairness in its negotiation. Additionally, the commission had to consider whether the agreement was made in good faith and if it promoted harmonious, productive, and cooperative workplace relationships.

After reviewing the submissions from both parties, the commission found that the agreement was compliant with the statutory requirements and was made in good faith. The commission also determined that the agreement would promote harmonious, productive, and cooperative workplace relationships. The commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the business, the bargaining power of the parties, and the interests of the employees.

The Fair Work Commission approved the ARA Fire Protection Services P/L Fire Alarms Enterprise Agreement 2025. The agreement will now be registered with the Fair Work Commission and will be in effect from 1 April 2025 until 31 March 2029.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established