Application for approval of the AS Fire Management Pty Ltd Enterprise Agreement 2025-2029

[1] AS Fire Management Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as the AS Fire Management Pty Ltd Enterprise Agreement 2025-2029 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] There were three employees employed at the time the Agreement went to a vote. All three voted. The ballot was conducted by show of hands. However, it was conducted in the absence of management. The Company Director, Mr Michael Baker, knows how the employees voted because the vote was one hundred per cent in favour.

[3] I consider that the employees who voted on the Agreement have sufficient interest in its terms and are sufficiently representative of the employees the Agreement is expressed to cover. I noted the approach of the Commission in seeking employees' views before approving the previous enterprise agreement.[1] I took a similar approach, providing an opportunity for the employees to be heard. There was no opposition to the approval.

[4] The Agreement as filed contained a typographical error in clause 5.5.1. The Employer says its intention was for the percentage to be stated as 301%, not 200%. It sought to deal with this issue by filing a corrected copy of the relevant page of the Agreement. It seeks that the error be cured in reliance on section 218A of the Fair Work Act. I am satisfied that the correction to clause 5.5.1 should be made and that it is appropriate to do so pursuant to section 218A of the Fair Work Act. The correction is made in accordance with the amended copy of the relevant page of the Agreement filed by the Employer on 27 July 2025.

[5] In addition, clause 3.2 of the Agreement states the nominal expiry date to be 4 years commencing after the effective date of operation. An enterprise agreement operates from 7 days after the agreement is approved or on a later day specified in it. The nominal expiry date cannot be more than four years after the agreement is approved.[2] Accordingly the Agreement cannot be expressed to operate four years after the effective date of operation. I am satisfied, based on the response from the Employer in relation to this issue when raised, that this was an obvious mistake. In reliance on section 218A of the Fair Work Act, I am satisfied the correction to clause 3.2 should be made and that it is appropriate to take clause 3.2 as being amended so that the nominal expiry date is 4 years commencing after the date of the Agreement's approval.

[6] Noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

[8] With the undertakings now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

[9] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 4 August 2029.

Annexure A

[1] In AS Fire Management Pty Ltd [2020] FWCA 6487.

[2] Fair Work Act 2009 (Cth) s 186(5)(b).

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