Application for approval of the ARA Fire Protection Pty Ltd Fire Technician/Testers Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the ARA Fire Protection Pty Ltd Fire Technician/Testers Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ARA Fire Protection Services Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) provided to the employees was not in the prescribed form. It is in the form as prescribed prior to 6 June 2023. I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s. 174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by section 188(5) of the Act to disregard the minor technical error.

[3] The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

[4] The copy of the Agreement filed with the application for approval contained an error in the contents page. The Applicant provided an amended copy of the Agreement remedying the error. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

[5] The Applicant has provided written 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.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] I observe the following clauses of the Agreement may be inconsistent with the National Employment Standards (NES):

• Clause 3.5.2 regarding deduction of monies on termination;

• Clauses 6.3.3 and 6.3.8 regarding notice and evidence requirements for personal leave; and

• Clause 6.4.1 regarding notice for carers leave.

[8] Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[9] The Agreement does not contain a Delegates' Rights Term, as required by s 205A(1) of the Act. Under s.205A(2), the Workplace Delegates' Rights term in Clause 29A of the Plumbing and Fire Sprinklers Award 2020 is taken to be a term of the Agreement.

[10] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving 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.

[11] The Agreement is approved and will operate in accordance with s.54 of the Act from 25 November 2025. The nominal expiry date of the Agreement is 1 July 2029.

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