austlii:cth/FWCA/2025/3821
General information, not legal advice.
FWCA
2025-11-13
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
FORCE FIRE & SAFETY PTY LTD ELECTRICAL FIRE ALARM ENTERPRISE AGREEMENT NSW & ACT 2025-2028
Application for approval of the Force Fire & Safety Pty Ltd Electrical Fire Alarm Enterprise Agreement NSW & ACT 2025 - 2028
[1] An application has been made for approval of an enterprise agreement known as the Force Fire & Safety Pty Ltd Electrical Fire Alarm Enterprise Agreement NSW & ACT 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 Force Fire & Safety Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act, the views of the bargaining representatives were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
[3] Having regard to the undertaking referred to above and the material filed in support of the application, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.
[4] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term as provided for in the Model Terms Determination[1] is taken to be a term of the Agreement.
[5] The Agreement does not provide for a delegates' rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 26A Workplace delegates' rights, in the Electrical, Electronic and Communications Contracting Award 2020 is to be taken to be a term of the Agreement.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2028.
[1] See [2025] FWCFB 39 and PR784578.
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