Application for approval of the Trojan Fire Protection Electrical Agreement 2024-2027

[1] On 7 October 2025, Trojan Fire Protection Pty Ltd (Employer) made an application for approval of an enterprise agreement known as the Trojan Fire Protection Electrical Agreement 2024-2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] Section 185(3) of the FW Act states that an application for approval of an enterprise agreement must be made 'within 14 days after the agreement is made', or if in all the circumstances the Commission considers it fair to extend that period - within such further period as the Commission allows.

[3] The Form F17 Declaration accompanying the application stated that the Agreement was made on 22 July 2025. The application was therefore lodged 63 days outside of the 14-day period.

[4] The Employer submitted the delay was attributable to representative error by its industrial representative, the National Fire Industry Association.

[5] Having regard to all of the circumstances, I accept the delay was a case of representative error and consider it fair to exercise my discretion under s.185(3)(b) of the FW Act to extend the time for the application to be made until 7 October 2025. An order to that effect will be issued with this decision.

[6] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

[7] 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.

[8] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

[9] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the CEPU.

[10] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 10 December 2025. The nominal expiry date of the Agreement is 30 November 2027.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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