Application for approval of the Base Fire Protection Fire Alarms Installation Enterprise Agreement 2026

[1] Base Fire Protection Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Base Fire Protection Fire Alarms Installation Enterprise Agreement 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Electrical, Electronic and Communications Contracting Award 2020 (the Award).

[3] The signature page of the Agreement 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 allow an amendment of a document relating to a matter before the Commission and do so pursuant to s.586(a) of the Act.

[4] The Agreement is silent on the definition of a shiftworker. As Clause 21.1(b) of the Award provides a shiftworker definition, the Commission raised the issue of non-compliance with s.196 of the Act.

[5] Clause 37 of the Agreement provides for the consultation term however, it does not require the employer to consider any views given by the employees about the impact of the change in relation to changes to the employees' regular rosters, inconsistent with s.205(1A) of the Act. As such, the Agreement does not contain all of the requisite consultation terms.

[6] Pursuant to s.205(2) of the Act, the revised model consultation term in the Fair Work (Model Terms) Determination 2025 will be taken to be a term of the Agreement. A copy of the model consultation term can be found at Schedule D of the Agreement.

[7] The Agreement contains a workplace delegates' rights term at Clause 36. When compared to the Award, the Agreement term appears less favourable. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates' rights term can be found at Schedule E of the Agreement.

Inconsistency with the National Employment Standards (NES)

[8] The following provisions of the Agreement appear to be inconsistent with the NES:

1. Clause 14(a) provides that employees may cash out annual leave, however, it does not provide that the employee's remaining accrued entitlement to paid annual leave must not be less than 4 weeks, which is inconsistent with s.94(2) of the Act.

2. Clause 14(b) states that an employee will notify a relevant company representative prior to the commencement time of the day's work of his or her inability to attend for duty. This appears to be inconsistent with s.107 of the Act which provides that notice must be given as soon as practicable (which may be a time after the leave has started).

1. Clause 14(e) provides compassionate leave where a member of an employee's immediate family or household contracts or develops a serious illness or sustains a serious injury or dies, however it is silent in relation to compassionate leave for stillbirth or miscarriage as is provided by s.104(1)(b) and (c) of the Act.

1. Clause 19 provides that on termination of employment, any monies owing to the Employer may be withheld from any termination payment, including accruals, owed to the employee. This clause does not appear to limit the source of monies which may be deducted. The effect of this is that this clause appears to permit the Employer to withhold monies owing to the employee under the NES, which is inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

[9] I note that in accordance with the NES precedence term at clause 5 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Better Off Overall Test (BOOT) Issue - Apprentice Entitlements

[10] The Agreement covers apprentices however appears to be silent on entitlements provided by the Award. Clause 12.8(a) of the Award provides that training costs are to be reimbursed to the apprentice by the Employer within six months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within three months of the registered training organisation commencing the training. Further, clause 12.11 of the Award provides that no apprentices under the age of 18 years will be required to work overtime or shiftwork unless they so desire. This appears to be an issue for apprentices in Years 1 and 2.

[11] The Employer provided written undertakings to address the above shiftworker definition and BOOT issue. A copy of the undertakings is attached in Schedule F of the Agreement. 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. The undertakings are taken to be a term of the Agreement.

[12] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2026. The nominal expiry date of the Agreement is 3 March 2030.

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