Chubb Fire and Security Pty Ltd

[2015] FWCA 4160

[2015] FWCA 4160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2015/1308)

VITALCALL EMERGENCY RESPONSE OPERATOR COLLECTIVE AGREEMENT 2015-2018

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 22 JUNE 2015

Application for approval of the VitalCall Emergency Response Operator Collective Agreement 2015-2018.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Chubb Fire and Security Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the VitalCall Emergency Response Operator Collective Agreement 2015-2018 (the ‘Agreement’). The Agreement was negotiated with three nominated Employee Bargaining Representatives (EBRs) and is to cover 28 employees who are employed as Emergency Response Operators based in Salisbury, Queensland. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 5 November 2014, and voting for the Agreement’s approval took place between 15 and 27 May 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 27 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 2 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr T Santiago, HR Business Partner, Security & Monitoring Solutions, identified the Clerks - Private Sector Award 2010 [MA000002] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Santiagosaid that the Agreement provides for higher rates of pay and that there are no less beneficial terms. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 22 and 24 respectively, and a disputes resolution procedure at clause 26 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 18 June 2015, Mr T Santiago appeared for the applicant. Mr Santiago outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased by 2.75% on 1 March in 2015, 2016 and 2017 and that the increase due on 1 Mach 2015 would be backpaid to employees following approval of the Agreement. Ms L Vaartjes had filed a Declaration in relation to the application in her capacity as a nominated Employee Bargaining Representative(Form F18A) indicating that she agreed with the statutory declaration of the employer and that the employees she represented supported the approval of the Agreement.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the VitalCall Emergency Response Operator Collective Agreement 2015-2018.Pursuant to s 54 of the Act, the Agreement shall operate from 25 June 2015 and have a nominal expiry date of 28 February 2018.

DEPUTY PRESIDENT

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