Chubb Fire and Security Pty Ltd Summary

[2013] FWCA 8136

FAIR WORK COMMISSION

DECISION

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

Chubb Fire and Security Pty Ltd
(AG2013/9506)

CHUBB FIRE & SECURITY QLD ELECTRONIC SECURITY TECHNICIANS ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 17 OCTOBER 2013

Application for approval of the Chubb Fire & Security QLD Electronic Security Technicians Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Chubb Fire & Security QLD Electronic Security Technicians Enterprise Agreement 2013-2016 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Chubb Fire and Security Pty Ltd, seeking approval of the Chubb Fire & Security QLD Electronic Security Technicians Enterprise Agreement 2013-2016. The application was brought before the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement, which was intended to regulate the terms and conditions of employment for electronic security technicians within the company, complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, particularly in relation to the provision of minimum entitlements to employees. The key points of contention were the calculation of penalty rates and the inclusion of certain provisions that Chubb Fire and Security argued were necessary for the smooth operation of its business.

The Fair Work Commission found that the proposed agreement was generally in compliance with the Fair Work Act. The Commission accepted that the agreement provided for minimum entitlements as required by the Act, including appropriate penalty rates for work performed on public holidays and weekends. The inclusion of certain clauses was considered necessary for the efficient operation of the company, and therefore, the Commission approved the agreement. The Commission's decision was based on the principle that the agreement did not disadvantage the employees and that it provided a fair and reasonable framework for employment within the company.

As a result of the Commission's approval, the Chubb Fire & Security QLD Electronic Security Technicians Enterprise Agreement 2013-2016 was ratified and is now legally binding between Chubb Fire and Security Pty Ltd and its employees covered by the agreement.

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