Fire Control Solutions Pty Ltd

[2025] FWCA 2641

[2025] FWCA 2641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fire Control Solutions Pty Ltd

(AG2025/2515)

FIRE CONTROL SOLUTIONS PTY LTD (ELECTRICAL AND TESTING EMPLOYEES) ENTERPRISE AGREEMENT 2025-2028

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 8 AUGUST 2025

Application for approval of the Fire Control Solutions Pty Ltd (Electrical and Testing Employees) Enterprise Agreement 2025-2028

1. Fire Control Solutions Pty Ltd has applied for approval of an enterprise agreement known as the Fire Control Solutions Pty Ltd (Electrical and Testing Employees) Enterprise Agreement 2025-2028 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

2. In several respects, the Agreement contains provisions that appear to be inconsistent with the National Employment Standards (“NES”). That is:

   (1) Clause 15(c)(i) describes the circumstances in which carer’s leave is available to an employee, in terms which appear to attempt to paraphrase, but which do not quite reflect, the terms of section 97 of the Act. It does not include carer’s leave being available for unexpected emergency affecting a member of the employee’s immediate family or household.

(2)Clause 15(e)(ii), which relates to compassionate leave, does not contemplate such leave being available after the stillbirth of a child of the employee or a member of the employee’s immediate family or household (section 104(1)(b) of the Act) or after the employee or the employee’s spouse or de facto partner has a miscarriage (section 104(1)(c) of the Act).

(3)Further, clause 15(e)(ii) defines “close family” in terms that do not reflect the definition of “immediate family” in section 12 of the Act. It does not include reference to an employee’s de facto partner, or a grandchild, grandparent or sibling of an employee’s spouse or de facto partner.

(4)Clause 24(c) allows the employer to dismiss an employee without notice “for but not limited to malingering, inefficiency, neglect of duty or serious misconduct”. This is broader than section 123(1)(b), which excludes from the relevant provisions of the Act “an employee whose employment is terminated because of serious misconduct” (as that term is defined in regulation 1.07 of the Fair Work Regulations 2009).

1. Having noted these matters, clauses 5(c) and 15 of the Agreement provide that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that the clauses to which I have referred are not applied in a manner contrary to the NES. In raising the issues, it is my intention to ensure that this is the case.

2. Clause 21(u) of the Agreement provides that “Workplace Delegates’ rights as contained in clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 (as varied) and as applicable to small business, will apply”. However, clause 5(b) of the Agreement provides that the Agreement operates to the exclusion of any award, which gives rise to the possibility of confusion. For the avoidance of doubt, clause 26A – Workplace delegates’ rights of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement. A copy of that clause is attached to the Agreement.

1. Having regard to these matters and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

2. The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 15 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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