Application for approval of the FBIS International Protective Services Pty Ltd Collective Agreement 2024 - 2028

[1] An application has been made for approval of an enterprise agreement known as the FBIS International Protective Services Pty Ltd Collective Agreement 2024-2028 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by FBIS International Protective Services Pty Ltd (the Employer).

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] I note that Clause 2.4.4 may be inconsistent with the National Employment Standards_._ However, given the National Employment Standards precedence clause contained in Clause 1.5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail in the event of any inconsistency.

[5] The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees' Union (MUA) being a bargaining representative for the Agreement has given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, we note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 March 2026. The nominal expiry date of the Agreement is 12 March 2030.

Printed by authority of the Commonwealth Government Printer

Applicant: FBIS International Protective Services Pty Ltd

Section 185 - Application for approval of a single enterprise agreement

I, Jarrod Christmas, National Operations Manager, have the authority given to me by FBIS International Protective Services Pty Ltd to give the following undertakings with respect to the FBIS International Protective Services Pty Ltd Collective Agreement 2024 - 2028 (the Agreement):

1. Where an employee covered by the Agreement is required to carry or use a firearm in the course of their employment, the firearms allowance paid will be no less than the firearms allowance that would have been payable under clause 17.3 of the Security Services Industry Award 2020 (Award) for the same shifts worked.
2. Notwithstanding clause 4.3 of the Agreement, employees will be provided with paid rest breaks in accordance with the following:

Paid rest break or breaks totalling 20 minutes, to be taken, if reasonably practicable, after the first 4 hours of work and within the first 5 hours of work

Paid rest break or breaks totalling 25 minutes, to be taken, if reasonably practicable, after the first 4 hours of work and within the first 5 hours of work

Paid rest break or breaks totalling 30 minutes, to be taken, if reasonably practicable, after the first 4 hours of work and within the first 5 hours of work

1. For the purposes of the additional week of annual leave under the National Employment Standards (NES), a shiftworker is an employee who:
   1. works a roster and who, over the roster cycle, may be rostered to work an ordinary shift on any day of the week; and
   2. is regularly rostered to work on Sundays and public holidays.

For the avoidance of doubt, the entitlement to 5 weeks annual leave under clause 5.1.2 is in satisfaction of any entitlement to the additional week of annual leave under the NES.

1. Nothing in clause 2.4.4 of the Agreement (Abandonment of Employment) is intended to exclude or reduce an employee's entitlement to notice of termination under s.117 of the Fair Work Act 2009.
2. If the Company requires a SASO to supervise 6 or more other employees, clause 3.4.12(c) of the Agreement will not apply and the SASO will be paid the Supervision Allowance under clause 3.4.12 instead of the SASO Allowance.
3. The Company will not require an employee covered by the Agreement to work more than 14 hours in any 24-hour period (inclusive of paid and unpaid meal and rest breaks).
4. If the Company appoints employee officer as a relieving officer (as defined by the Award) in circumstances where clause 17.6 of the Award would apply, it will pay that employee the corresponding Award allowance.
5. If the Company requires an employee to use a torch, the Company will supply the employee with a torch and batteries.
6. If a Shift Employee does not work as a Shift Employee for the full 12 month period commencing on the date that the Agreement comes into operation or each 12 month period after that (Reconciliation Period), the Company will conduct a reconciliation within two weeks of the end of the relevant Reconciliation Period or the termination of the employee's employment (whichever is applicable) of amount of remuneration received by the Shift Employee and the amount they would have been paid for that period if they were paid as a Non Shift Employee (Reconciliation). If they would have been paid more as a Non-Shift Employee, the difference (Shortfall) will be paid to the employee in the next pay period following completion of the Reconciliation.
7. A Shift Employee may otherwise request in writing that a Reconciliation be undertaken at the end of a Reconciliation Period, the Shortfall will be paid to the employee in the next pay period following completion of the Reconciliation.
8. Where an employee covered by the Agreement is required to carry or use a firearm in the course of their employment, the firearms allowance paid will be no less than the firearms allowance that would have been payable under clause 17.3 of the Award for the same shifts worked.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.