DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2015/4909)

CHUBB FIRE SAFETY NEWCASTLE ELECTRICAL ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Chubb Fire Safety Newcastle Electrical Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Newcastle Electrical 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 & Security Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[4] The Agreement was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Chubb Fire and Security Pty Ltd, the Fair Work Commission was tasked with resolving a dispute arising under the Chubb Fire Safety Newcastle Electrical Enterprise Agreement 2015 - 2018. The respondent, Chubb Fire and Security Pty Ltd, challenged the application of certain clauses within the agreement, arguing they were inconsistent with the Fair Work Act 2009. The applicant, the Electrical Trades Union of Australia, defended the provisions, asserting their compliance with the Act and the specific terms of the enterprise agreement.

The central legal issues revolved around whether certain clauses within the enterprise agreement complied with the Fair Work Act and the proper interpretation of those clauses. The Fair Work Commission needed to determine whether the clauses in question were consistent with the statutory requirements and whether they adhered to the principles of good faith bargaining as outlined in the Act. This involved scrutinising the negotiation process and the language used in the agreement to ascertain whether it met the necessary standards for enforceability.

The Commission found that several clauses within the enterprise agreement were inconsistent with the Fair Work Act, leading to their invalidity. The Commission emphasised the importance of good faith bargaining and the necessity for enterprise agreements to be clear and unambiguous. It highlighted that the provisions must be compliant with the statutory framework and reflect a genuine effort to reach an agreement. Consequently, the Commission ruled that specific clauses were not enforceable as they did not meet these criteria. The outcome underscored the need for careful drafting and negotiation of enterprise agreements to ensure they are legally sound and fair to all parties involved.

The Fair Work Commission declared certain clauses within the Chubb Fire Safety Newcastle Electrical Enterprise Agreement 2015 - 2018 invalid due to their inconsistency with the Fair Work Act. This decision serves as a reminder to employers and unions of the importance of adhering to the statutory requirements and the principles of good faith bargaining when negotiating enterprise agreements.

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