Chubb Fire & Security Pty Ltd Trading AS Chubb Fire Safety

[2025] FWCA 2009

[2025] FWCA 2009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Chubb Fire & Security Pty Ltd Trading AS Chubb Fire Safety

(AG2025/1592)

CHUBB FIRE AND SECURITY PERTH SPRINKLER FITTERS COLLECTIVE AGREEMENT 2024 – 2027

Fire fighting services
COMMISSIONER LIM	PERTH, 17 JUNE 2025

Application for approval of the Chubb Fire and Security Perth Sprinkler Fitters Collective Agreement 2024 – 2027 – agreement approved.

1. Chubb Fire & Security Pty Ltd Trading AS Chubb Fire Safety (the Applicant) has made an application for the approval of an enterprise agreement known as the Chubb Fire and Security Perth Sprinkler Fitters Collective Agreement 2024 – 2027. The application was made under s 185 of the Fair Work Act 2009 (Cth). The Agreement is a single enterprise agreement.

1. Chubb 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. 

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by Chubb. No objection was raised. 

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards: 

(a)Compassionate leave: Clause 37 provides for compassionate leave, however it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This provision may be inconsistent with s 104(1)(c) of the Act.

(b)Withholding of monies due to the employee under the NES on termination: Clause 49.2 states the Employer may withhold monies owed if an Employee fails to return the Employer’s property. The effect of this is that this clause appears to permit the employer to deduct employee’s entitlements under the NES (such as notice of termination, accrued but unused annual leave or long service leave on termination). This provision may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act. 

1. However, I am satisfied that under clause 4 of the Agreement, the more beneficial entitlements of the NES 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 (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement. 

1. The Agreement was approved on 18 June 2025 and, in accordance with s 54, will operate from 25 June 2025. The nominal expiry date of the Agreement is 31 December 2027. 

COMMISSIONER

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Annexure A