Australian Fire Services Pty Ltd

[2025] FWCA 2924

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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