Eagle Fire Protection Pty Ltd

[2025] FWCA 569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Eagle Fire Protection Pty Ltd

(AG2025/125)

EAGLE FIRE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2025-2028

Plumbing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 13 FEBRUARY 2025

Application for approval of the Eagle Fire Protection Pty Ltd Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the Eagle Fire Protection Pty Ltd Enterprise Agreement 2025-2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eagle Fire Protection Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

It was noted from the materials that were filed in support of the application that the Notice of Employee Representational Rights (NERR) issued to the employees to be covered by the proposed agreement was not in the form currently prescribed by the Act and Regulations. The NERR was in the form prescribed prior to amendments in the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 taking effect in June 2023. The Applicant indicated that this was an oversight and made submissions as to the impact of discrepancy. The Applicant submitted that the error was technical error within the meaning of s.188(5) of the Act and that employees were not likely to have been disadvantaged by it. I accept that to be the case and propose to disregard the error in this case.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 4.2 of the Agreement provides that this agreement is read in conjunction with the National Employment Standards and if a term of this Agreement is detrimental to an employee when compared to a standard, the standard prevails over the term of this Agreement.

The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 29A, Workplace delegates’ rights, in the Plumbing and Fire Sprinklers Award 2020 is to be taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, the Australian Manufacturing Workers' Union and Eagle Fire Protection Pty Ltd brought an application for the approval of the Enterprise Agreement 2025-2028. The agreement had been negotiated between the parties but required the Commission's approval before it could be registered with the Fair Work Ombudsman. The dispute centred on the terms and conditions of employment for the union's members working for the respondent company, a provider of fire protection services.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009, including whether it met the "better off overall test" and whether it contained any terms that were contrary to the principles of the national workplace relations system. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was consistent with the broader objectives of the Act.

The Commission examined the evidence and submissions presented by both parties. It found that the agreement met the better off overall test, providing improvements in pay and conditions for the union's members without imposing undue hardship on the employer. The Commission also found that the agreement was consistent with the principles of the national workplace relations system and did not contain any terms that were contrary to public policy or the broader objectives of the Act. Accordingly, the Commission approved the agreement and made an order for its registration.

The approved agreement will now be registered with the Fair Work Ombudsman, and its terms and conditions will apply to the union's members employed by Eagle Fire Protection Pty Ltd from the agreed commencement date. The decision provides clarity for both parties regarding the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established