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austlii:cth/FWCA/2026/264
General information, not legal advice.
FWCA
2026-02-05
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
CHUBB FIRE AND SECURITY PTY LIMITED WESTERN AUSTRALIA PERTH PEFS TECHNICIANS AGREEMENT 2025 - 2028
Application for approval of the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2025 - 2028
[1] Chubb Fire & Security Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 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] 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.
[3] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
(a) Withholding of NES entitlements: Clause 42.4 of the Agreement provides that the Employer may withhold monies owed if an employee fails to return the Employer's property. This may restrict an employee's entitlement to payment of NES entitlements upon termination of employment.
(b) Redundancy: Clause 41.5.2 of the Agreement provides that "where employment is terminated as a consequence of misconduct on the part of the Employee" the employee is not entitled to redundancy pay. This may be inconsistent with s 123(1)(b) of the Act as the Agreement does not appear to specify that it must be "serious misconduct".
[4] However, I am satisfied that under clause 6.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act. However, given the decision of the Full Court of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187, and recent variations issued by the Fair Work Commission Full Bench in AM2024/6 and AM2025/28_,_ I put to the parties my view that the Agreement term is less favourable than the workplace delegates' rights term in the applicable award, and thus the award delegates' rights term should be inserted. The parties did not contest this. Accordingly, under s 205A(2) of the Act, Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[6] The Agreement was approved on 5 February 2026 and notwithstanding clause 5 of the Agreement, will operate from 12 February 2026 in accordance with s 54 of the Act. The nominal expiry date of the Agreement is 31 July 2028.
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