Australian Fire Services Pty Ltd

[2025] FWCA 2924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Australian Fire Services Pty Ltd

(AG2025/1988)

AUSTRALIAN FIRE SERVICES ENTERPRISE AGREEMENT 2025

Plumbing industry
COMMISSIONER THORNTON	ADELAIDE, 29 AUGUST 2025

Application for approval of the Australian Fire Services Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Australian Fire Services 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 Australian Fire Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings 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.

I observe that the entitlement to compassionate leave in clause 21 may not be consistent with the National Employment Standards (NES), in that it does not appear to be triggered after the stillbirth of a child of the employee or their immediate family or household. I also observe that clause 32.1 does not appear to make clear that a reduction in redundancy entitlements if acceptable alternative employment is obtained is subject to an application to the Commission under section 120 of the Act. However, noting clause 9.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. There was a dispute about whether the CEPU was entitled, under the Act, to be covered by the Agreement. That matter proceeded to a hearing. I have determined that the CEPU is entitled to be covered by the Agreement. My reasons for this decision will be published separately. Pursuant to section 183 of the Act, the CEPU is covered by the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act from 5 September 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, Australian Fire Services Pty Ltd sought approval for the Australian Fire Services Enterprise Agreement 2025. The applicant, a fire services company, aimed to formalise the terms and conditions of employment for its employees as outlined in the proposed agreement. The dispute arose under the Fair Work Act 2009, where the Fair Work Commission was tasked with assessing the fairness of the agreement and deciding whether to approve it.

The primary legal issue was whether the terms of the proposed agreement met the 'better off overall test' under section 233 of the Fair Work Act. This test requires that employees be no worse off financially and at least as well off in other respects compared to their previous terms of employment. The court also had to consider whether the agreement complied with the 'good faith' requirement under section 229 of the Act, ensuring that the negotiation process was conducted fairly and without coercion.

The Fair Work Commission examined the terms of the proposed agreement, focusing on wages, conditions, and other employment aspects. The Commission found that the agreement met the better off overall test, as employees would not be disadvantaged financially and would benefit from improved working conditions. The negotiation process was deemed to have been conducted in good faith, with no evidence of coercion or unfair practices. Consequently, the Commission approved the Australian Fire Services Enterprise Agreement 2025, recognising it as a fair and reasonable agreement for the employees.

The Fair Work Commission approved the Australian Fire Services Enterprise Agreement 2025, effective from the date of the decision. This approval ensures that the terms and conditions of employment as outlined in the agreement will apply to the employees of Australian Fire Services Pty Ltd. The decision confirmed the agreement's compliance with the statutory requirements, providing legal certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established