Innovative Fire Services Pty Limited Trading AS Innovative Fire Services

INNOVATIVE FIRE SERVICES FIRE ALARMS INSTALLATION ENTERPRISE AGREEMENT 2024

Application for approval of the Innovative Fire Services Fire Alarms Installation Enterprise Agreement 2024

[1] Innovative Fire Services Pty Limited Trading as Innovative Fire Services (the Employer) has made an application for approval of an enterprise agreement known as the Innovative Fire Services Fire Alarms Installation Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 April 2024 and the Agreement was made on 17 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Notification time and Notice of Employee Representational Rights (NERR)

[4] It was identified that the Employer indicated that the notification time was 1 March 2024 and that the NERR had been issued on 4 April 2024, being more than 14 days from the notification time per s.173 of the Act, and the matter was raised with the parties by my Chambers. The Employer made submissions on 27 March 2025 which I understood to have sought to correct the notification time, which originally had been a typographical error, to 3 April 2024.

National Employment Standards (NES) Precedence Term

[5] Clause 14b) of the Agreement provides that '(a)n employee will notify a relevant Company representative prior to the commencement time of the day's work of (their) inability to attend for duty due to illness, injury or carer's circumstances' whereas s.107 of the Act provides that notice must be given as soon as practicable (which may be a time after the leave has started).

[6] Clauses 14a) and 14b) of the Agreement state that annual leave and personal/carer's leave respectively will accrue on a pro-rata basis and will be credited monthly. These clauses may be inconsistent with ss.87(2) and 96(2) of the Act respectively, which provide that these leave types accrue on a progressive basis.

[7] To the extent that these clauses may be inconsistent with the National Employment Standards (NES), I note that in accordance with the NES precedence term in clause 5b) of the Agreement, this clause will be read and interpreted in conjunction with the NES.

[8] The Agreement does not contain a delegates' rights term in the sense required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term from the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

[9] The employer 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. The undertakings are taken to be a term of the Agreement.

[10] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[10] Section 183 Bargaining Representatives

[11] The CEPU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[12] In accordance with s.201(2), I note that the Agreement covers the CEPU.

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2025. The nominal expiry date of the Agreement is 31 March 2027.

[14] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities (whether in substance or form). Its evident purpose is to remove complexity associated with varying enterprise agreements in certain limited circumstances.

[15] It is significant in understanding the context of s.218A that the Commission can vary an agreement on its own initiative (s.218A(2)(a)). The power to vary an agreement under s.218A is not unlike the slip rule provisions in s.602. An agreement can be varied under s.218A to the extent necessary to remove the error, defect or irregularity -and no further.

[16] Relevantly, it was identified that clause 21c) (iv) of the Agreement provided for the referral of workplace disputes to the 'Australian Industrial Relations Commission' rather than the Fair Work Commission.

[17] On 27 March 2025, the Employer agreed to the Commission's proposal to correct the reference to refer to the 'Fair Work Commission'.

[18] I am satisfied that the error listed in [16] above is an error, defect or irregularity within the meaning of s.218A(1) of the Act. I am content to vary the Agreement on my own initiative to rectify this error ([PR785794]). The variation will operate from the date the Agreement commences.

[19] The Agreement attached to this Decision is the Agreement as varied and will operate from 9 April 2025.

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