austlii:cth/FWCA/2026/799
General information, not legal advice.
FWCA
2026-03-30
Original judgment source is linked above.
s.185 - Enterprise agreement
Chubb Fire & Security Pty Ltd Trading AS Chubb Fire Safety
CHUBB FIRE & SECURITY PTY LTD SOUTH EAST QUEENSLAND SPRINKLER FITTER ENTERPRISE AGREEMENT 2025-2028
Application for approval of the Chubb Fire & Security Pty Ltd South East Queensland Sprinkler Fitter Enterprise Agreement 2025-2028
[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd South East Queensland Sprinkler Fitter 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 T/A Chubb Fire Safety (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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] I note the undertakings were provided in relation to the following:
Clause 35.4
[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 10.10: Withholding monies at termination
Clause 34.2: Public holiday substitution
[6] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.
[8] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 January 2028.
Printed by authority of the Commonwealth Government Printer