Application by Chubb Fire & Security Pty Ltd Trading AS Chubb Fire & Security
Citation: [2026] FWCA 2007
What happened
Chubb Fire & Security Pty Ltd applied to the Fair Work Commission for approval of their ACT Sprinkler Fitter Enterprise Agreement 2025–2028. The agreement covers sprinkler fitters and is a single enterprise agreement. Concerns arose regarding compliance with sections 173 and 174 of the Fair Work Act, due to an incorrect name on the Notice of Employee Representational Rights (NERR). There were also concerns about clauses relating to compassionate leave and withholding of monies on termination, as well as the definition of a continuous shift worker.
What was decided
The Fair Work Commission approved the enterprise agreement. The Commissioner found that the error in the NERR was minor and did not disadvantage employees, allowing it to be disregarded under section 188(5) of the FW Act. Concerns about clauses relating to compassionate leave and withholding of monies were addressed by a clause stating NES precedence. An undertaking regarding the definition of continuous shift worker was accepted, becoming a term of the agreement. The agreement will operate from August 7, 2026, and expire on March 31, 2028.
What it means for employers
Employers seeking to implement enterprise agreements must ensure accuracy in notices provided to employees, particularly regarding the agreement's name. They should also review clauses carefully to avoid inconsistencies with National Employment Standards and be prepared to provide undertakings to address concerns raised by the Fair Work Commission.
What it means for employees
Employees covered by this agreement should be aware of the approved terms and conditions, including any undertakings that have become part of the agreement. If there are discrepancies between the agreement and their understanding, they can seek clarification from their employer or union representative.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →