austlii:cth/FWCA/2026/25
General information, not legal advice.
FWCA
2026-01-09
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety
SECURITY MONITORING CENTRE AUSTRALIA QUEENSLAND ENTERPRISE AGREEMENT 2025 - 2029
Application for approval of the Security Monitoring Centre Australia Queensland Enterprise Agreement 2025 - 2029.
[1] Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety ("the Employer") has applied for approval of an enterprise agreement known as Security Monitoring Centre Australia Queensland 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 is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement's title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.
[3] The Agreement also appears to contain an error, defect or irregularity in cl 1.1. The Employer sought to deal with these issues by filing a corrected copy of the Agreement. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to section 218A of the Fair Work Act. The corrections are made in accordance with the corrected version of the Agreement filed on 9 January 2026.
[4] Noting clause 1.4 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.
[5] 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 each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.
[6] 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.
[7] 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 1 July 2029.
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