Chubb Fire and Security Pty Ltd Summary

[2013] FWCA 8606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2013/9849)

CHUBB FIRE & SECURITY REGIONAL QUEENSLAND PORTABLE TECHNICIAN ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 31 OCTOBER 2013

Application for approval of the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 November 2013. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Chubb Fire and Security Pty Ltd applied for approval of the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2013-2016. The applicant, a security and fire solutions provider, sought to have the enterprise agreement approved as a low-paid industry agreement under section 227 of the Fair Work Act 2009. The applicant argued that the agreement contained terms and conditions that were no less favourable than the applicable award or safety net, and that it was appropriate for approval to support productivity, efficiency, and profitability in the workplace.

The Commission had to decide whether the agreement met the criteria for approval under the Act. This included whether the agreement contained terms and conditions that were no less favourable than the applicable award or safety net, and whether it was appropriate for approval to support productivity, efficiency, and profitability in the workplace. The Commission also considered whether the agreement had been made in good faith and whether it provided for proper consultation and bargaining between the parties.

The Commission found that the agreement contained terms and conditions that were no less favourable than the applicable award or safety net, and that it was appropriate for approval to support productivity, efficiency, and profitability in the workplace. The Commission was satisfied that the agreement had been made in good faith and that there had been proper consultation and bargaining between the parties. The Commission noted that the agreement provided for a range of benefits for employees, including increased pay rates, improved leave entitlements, and better access to training and development opportunities. The Commission concluded that the agreement would support the objectives of the Act by promoting productivity, efficiency, and profitability in the workplace, while also providing for fair and reasonable terms and conditions for employees.

The Commission approved the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2013-2016 as a low-paid industry agreement under section 227 of the Fair Work Act 2009. The agreement will now apply to all employees covered by the agreement from 1 July 2013 until 30 June 2016, or until it is replaced by a new enterprise agreement or terminated by the Commission. The Commission's decision provides certainty and stability for both the applicant and its employees, and supports the objectives of the Act in promoting fair and reasonable terms and conditions in the workplace.

Chubb Fire and Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established