austlii:cth/FWCA/2025/2902
General information, not legal advice.
FWCA
2025-08-28
Original judgment source is linked above.
s.185 - Enterprise agreement
CHUBB FIRE & SECURITY PTY LTD SYDNEY & WOLLONGONG PORTABLE TECHNICIAN ENTERPRISE AGREEMENT 2025 - 2028
Application for approval of the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement 2025 - 2028.
[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chubb Fire & Security Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
[3] In accordance with clause 21 of the Agreement, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[4] The Agreement lodged contained a number of cross-referencing errors. The Applicant sought to correct the errors and filed amended Agreement pages. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[5] I am further satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
[6] The Australian Workers' Union, 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) I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2025. The nominal expiry date of the Agreement is 28 February 2028.
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