Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v ARA Fire Protection Services Pty Ltd

[2025] FWC 2789

[2025] FWC 2789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Applications for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

ARA Fire Protection Services Pty Ltd and Others

(B2025/1462, B2025/1463, B2025/1464, B2025/1465, B2025/1467, B2025/1469, B2025/1470)

DEPUTY PRESIDENT CLANCY MELBOURNE, 19 SEPTEMBER 2025

Proposed protected action ballot of ARA Fire Protection Services Pty Ltd and 6 other fire protection services in South Australia.

1. This decision concerns 7 applications by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for protected action ballot orders in relation to certain employees of 7 employers who are subject to a Single Interest Employer Authorisation (SIEA) issued by the Commission on 23 June 2025.[1] The SIEA has been issued in the context of a proposed multi-enterprise agreement.

1. The protected action ballot applications relate to 7 employers who carry on an enterprise for the installation, fitting, maintenance and testing of fire alarm systems and sprinkler systems in the State of South Australia that are currently bargaining for an enterprise agreement and are authorised to bargain together. The employers concerned are set out in Appendix A of this decision and are collectively referred to as the Employers.

1. Each of the Employers has appointed the National Fire Industry Association (NFIA) as their bargaining representative.

1. The group of employees to be balloted at each employer are employees for whom the CEPU is acting as the bargaining representative and are those:

·     who perform in the State of South Australia “fire sprinkler fitting” as defined in the Plumbing and Fire Sprinklers Award 2020, meaning the erection, fitting, fixing, altering, inspecting, testing, maintaining, retrofitting, overhauling or repairing of apparatus, pipes and/or fittings in and/or outside of buildings, ships or other structures for the extinguishment of fire by automatic sprinklers and/or other fire protection systems;

·     who are not employed predominately as a “fire technician” as defined in the Plumbing and Fire Sprinklers Award 2020, meaning an employee who undertakes the inspection and testing functions on fire protection systems as detailed in the Australian Standard (AS 1851) following commissioning of the fire protection system after construction; and

·     who are not employed predominately in a supervisory or administrative role.

1. On 18 September 2025, the Commission was advised by the NFIA on behalf of the Employers that there were no objections to the Applications. One of the Employers, Trojan Fire Protection Pty Ltd (Trojan Fire), initially advised the Commission it objected to the draft order on the basis that the CEPU had not been genuinely trying to reach agreement, and it was unsure whether the CEPU’s chosen ballot agent is an eligible protected action ballot agent. Trojan Fire later withdrew its objection.

1. In the circumstances, I have decided to grant leave for the applications to be amended and determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the separate declarations of Adrian Valente, Organiser, setting out the steps taken by the CEPU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

1. The ballots are to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballots.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close in each ballot is 10 October 2025.[2] This also establishes the ballot periods for the purpose of s.448A(2) of the Act.

1. The Orders properly reflect all the requirements of s.443(3) of the Act.

1. An Order has been issued in each application. A list of matter numbers, Employers and the Orders issued is attached as Appendix A to this Decision.

1. I observe for completeness that as this matter involves bargaining for a multi-enterprise agreement, s.414 of the Act provides that the minimum period of written notice for any industrial action will be 120 hours.

1. All matters will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

Appendix A

Employer	Matter Number	Order Print Number
ARA Fire Protection Services Pty Ltd	B2025/1462	PR791853
Combined Fire Systems Pty Ltd	B2025/1463	PR791855
Diverse Fire Group Pty Ltd	B2025/1464	PR791856
Proficient Fire Protection Pty Ltd	B2025/1465	PR791857
RNW Fire Services Pty Ltd	B2025/1467	PR791858
The Trustee for the Cavmar Unit Trust	B2025/1469	PR791859
Trojan Fire Protection Pty Ltd	B2025/1470	PR791860

[1] B2025/736 (PR788154), as varied by B2025/1184 (PR790330) to add ARA Fire Protection Services Pty Ltd to the SIEA.

[2] This is, in effect, 14 working days from the making of the Orders and was the period sought in each application.

Printed by authority of the Commonwealth Government Printer

<PR791854>