ARA FIRE PROTECTION ALARMS ENTERPRISE AGREEMENT (WA)

Application for approval of the ARA Fire Protection Alarms Enterprise Agreement (WA) 2025- 2028

[1] ARA Fire Protection Services Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the A_RA Fire Protection Alarms Enterprise Agreement (WA) 2025-2028_ (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

[3] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] I note that clause 23.1 of the Agreement appears to be inconsistent with the National Employment Standards (the NES). This provision does not appear to limit the source of monies which may be deducted where an employee fails to give the required notice when resigning. This clause may permit the employer to deduct employee's entitlements under the NES (such as notice of termination, accrued but unused annual leave or long service leave on termination). This raises the issue that this provision may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

[5] However, I am satisfied that under clause 6 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] Pursuant to s 205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[8] Pursuant to s 202(4) of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[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 26A of the Electrical Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

[10] The Agreement was approved on 19 February 2026 and, in accordance with s 54, will operate from 26 February 2026. The nominal expiry date of the Agreement is 1 July 2028.

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