Application for variation of the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement 2025 - 2028

[1] An application has been made for the variation of the the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement 2025 - 2028 (Agreement). The Application was made by Chubb Fire & Security Pty Ltd (applicant). The Agreement was approved on 28 August 2025[1] and commenced operation on 4 September 2025. The applicant has asked the Commission to exercise its powers under s.218A of the Fair Work Act 2009 (Cth) (Act) to vary the Agreement to correct or amend an obvious error, defect or irregularity in clause 27 of the Agreement.

[2] The application seeks a variation in Clause 27 (Income Protection) of the Agreement which currently states:

"All permanent Employees will be eligible for an Income Protection allowance of $1618.00 per week which will be paid directly to the employee. This allowance will be payable on all approved paid leave."

[3] The application sought to vary the Agreement, to correct an error, so that the specified allowance in clause 27 would be $18.00 per week and not $1618.00 per week.

[4] The background to the application is set out in the grounds for relief. In summary, during bargaining for the previous agreement, the weekly income protection allowance was increased from $16 to $18. The adjustment was recorded in a tracked change document that was used in preparation for bargaining for the Agreement. Because of an administrative oversight, the reference to '$1618.00' was retained in clause 27 of the Agreement when it was lodged for approval with the Commission. It was put that the text sought to be removed from the Agreement and replaced by the variation was obvious error. The correction or amendment was sought to ensure the Agreement accurately reflects the terms negotiated during bargaining and to otherwise remove any confusion owing to the error.

[5] Following receipt of the application, the applicant was directed to file and serve a copy of the application and the directions on the employees covered by the Agreement and the Australian Workers' Union. The directions required that any party that wished to file evidence or submissions in relation to the application should do so by 12 noon on 24 October 2025. The applicant confirmed that the directions had been complied with by them. No material was received in response to those directions.

[6] I am satisfied that the proposed variation deals with obvious an error in the Agreement. The making of the variation will remove that obvious error.

[7]

It is appropriate in the circumstances to approve the variation. The variation will operate from 4 September 2025, being the date on which the Agreement commenced operation. An order reflecting this decision will be published separately.

[1] [2025] FWCA 2902.

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