Firesafe Systems Pty Ltd

[2025] FWCA 2766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Firesafe Systems Pty Ltd

(AG2025/2496)

FIRESAFE SYSTEMS PTY LTD & PLUMBING EMPLOYEE ENTERPRISE AGREEMENT 2025 - 2028

Electrical contracting industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 19 AUGUST 2025

Application for approval of the Firesafe Systems & Plumbing Employee Enterprise Agreement 2025 - 2028

An application has been made by Firesafe Systems Pty Ltd (Applicant) for approval of an enterprise agreement known as the Firesafe Systems & Plumbing Employee Enterprise Agreement 2025 - 2028 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement was approved on 19 August 2025 and will operate from 26 August in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Firesafe Systems Pty Ltd was a party to an application for the approval of the Firesafe Systems & Plumbing Employee Enterprise Agreement 2025-2028. The other party involved was the Australian Council of Trade Unions. The dispute arose from the terms and conditions of employment, including wages, leave entitlements, and other working conditions, for employees within the specified period.

The central legal issues that the court had to address were whether the proposed agreement complied with the Fair Work Act 2009, specifically whether it met the requirements for "single-enterprise bargaining." Additionally, the court examined whether the agreement adhered to the "better-off-overall test," ensuring that employees would not be worse off financially or in terms of conditions compared to their existing agreements. Another issue was whether the agreement was consistent with the "no-disadvantage test," which mandates that the agreement should not place employees in a less favourable position than they would have under the applicable award.

The court meticulously reviewed the proposed agreement, considering the submissions from both parties. It found that the agreement met the necessary criteria for single-enterprise bargaining and complied with the better-off-overall test. The court concluded that employees would not be worse off under the new agreement and that it did not disadvantage them compared to their previous conditions or the applicable award. The commission approved the Firesafe Systems & Plumbing Employee Enterprise Agreement 2025-2028, effective from the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established