DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2015/4463)

CHUBB FIRE AND SECURITY PTY LIMITED JANDAKOT WAREHOUSING (SUPPLY CHAIN) ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 14 SEPTEMBER 2015

Application for approval of the Chubb Fire and Security Pty Limited Jandakot Warehousing (Supply Chain) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Jandakot Warehousing (Supply Chain) Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chubb Fire and Security Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is
31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd applied for the approval of the Enterprise Agreement, titled "Chubb Fire and Security Pty Limited Jandakot Warehousing (Supply Chain) Enterprise Agreement 2015-2018", in the Fair Work Commission. The respondents to the application included the Australian Manufacturing Workers' Union and various employees of the company. The dispute arose from the terms and conditions of employment outlined in the proposed agreement, which the union and employees contested on several grounds.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the criteria for approval under section 232 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it contained appropriate provisions for the protection of employees' interests, and if it complied with any relevant award or agreement that would otherwise apply. Another issue was whether the agreement was procedurally sound, including whether proper consultation had taken place.

The Fair Work Commission examined the evidence presented regarding the negotiation process, the terms of the agreement, and the views of the union and employees. The court found that the agreement was negotiated in good faith and contained appropriate provisions for the protection of employees' interests. The commission also determined that the agreement was procedurally sound, with adequate consultation having taken place. Consequently, the Fair Work Commission approved the "Chubb Fire and Security Pty Limited Jandakot Warehousing (Supply Chain) Enterprise Agreement 2015-2018". The final orders of the court confirmed the approval of the agreement, which would now govern the terms and conditions of employment for the employees covered by the agreement.

Chubb Fire and Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established