s.185 - Application for approval of a single-enterprise agreement

Chubb Fire & Security Pty Ltd Trading AS Chubb Fire Safety

CHUBB FIRE & SECURITY PTY LTD PERTH ELECTRICAL ENTERPRISE AGREEMENT 2025-2028

Application for approval of the Chubb Fire & Security Pty Ltd Perth Electrical Enterprise 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 & Security Pty Ltd Perth Electrical Enterprise 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and 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, 188, and 190 of the Act as are relevant to this application for approval have been met.

[5] I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 28 provides for compassionate leave; however it is silent is relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

[6] However, I am satisfied that under clause 6 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] 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 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

[8] The Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical Division, Western Australian Branch (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[9] The Agreement was approved on Friday 6 February 2026 and, in accordance with s 54, will operate from Friday 13 February 2026. The nominal expiry date of the Agreement is Friday 30 June 2028.

Printed by authority of the Commonwealth Government Printer

Application by Chubb Fire & Security Ltd Trading As Chubb Fire Safety

Section 185 - Application for approval of a single enterprise agreement

I, Colin Graham, HR Manager Workplace Relations for Chubb Fire & Security Pty Ltd ("Chubb") give the following undertakings with respect to Chubbs application for approval of the Chubb Fire & Security Pty Ltd Perth Electrical Enterprise Agreement 2025-2028 ("the Agreement") by the Fair work Commission:

I have the authority given to me by Chubb to provide this Undertaking in relation to the application before the Fair Work Commission.

Where in this Undertaking there is a reference to the "Award", this shall refer to the Electrical, Electronic and Communications Contracting Award 2020 (MA 000025).

Where in this Undertaking there is a reference to the "Current Agreement", this shall refer to the CHUBB FIRE & SECURITY PTY LTD PERTH ELECTRICAL ENTERPRISE AGREEMENT 2022-2025 (AG2022/4316).

Where in this Undertaking there is a reference to the "Proposed Agreement", this shall refer to the proposed Chubb Fire & Security Pty Ltd Perth Electrical Enterprise Agreement 2025-2028.

In this Undertaking a Junior Tester shall, in addition to being so employed and classified under either the Current Agreement or the Proposed Agreement, refer to any non-adult employee who performs the work of a Tester and is so appropriately classified under the Award.

Chubb provides an Undertaking that with respect to the table in clause 11 of the Proposed Agreement, no employee covered by the Proposed Agreement shall be classified as a Junior Tester.

Chubb provides an Undertaking that with respect to the table in clause 11 of the Current Agreement, no employee covered by the Agreement is currently, or has ever been, classified as a Junior Tester.

For the avoidance of doubt, Chubb provides an Undertaking that it shall not, whenever the Current Agreement or, alternatively, the Proposed Agreement is in force, employ or classify an employee as a Junior Tester under the Award.

In relation to Clause 8.2 casual employment, Chubb provides an Undertaking that a casual employee must be engaged and paid at least 2 consecutive hours of work on each occasion they are required to attend work.

These Undertakings are provided based on concerns raised by Deputy President Lim of the Fair Work Commission on 15 January 2026 in the application before the Fair Work Commission.

___________________________

For and on behalf of Chubb Fire & Security Pty Ltd