Chubb Fire and Security Pty Ltd Summary

[2013] FWCA 6588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2013/2297)

CHUBB FIRE AND SECURITY PTY LTD SOUTH EAST QUEENSLAND VEHICLE FIRE SUPRESSION TECHNICIANS AGREEMENT
2013-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Chubb Fire and Security Pty Ltd South East Queensland Vehicle Fire Suppression Technicians Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Pty Ltd South East Queensland Vehicle Fire Suppression Technicians Agreement 2013 - 2015 (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 Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd sought approval of the Chubb Fire and Security Pty Ltd South East Queensland Vehicle Fire Suppression Technicians Agreement 2013-2015. The applicant, an employer in the security industry, aimed to secure the Fair Work Commission's (FWC) endorsement of the agreement, which was intended to regulate the terms and conditions of employment for vehicle fire suppression technicians in the South East Queensland region. The Fair Work Commission was tasked with examining the agreement's compliance with the Fair Work Act 2009 and determining whether it met the criteria for approval.

The central legal issues before the FWC were whether the agreement provided for fair and reasonable terms and conditions and whether it was made in accordance with the relevant provisions of the Fair Work Act. The FWC had to assess if the agreement addressed the minimum entitlements of the employees and if it was genuinely made without any undue influence or coercion. Furthermore, the FWC needed to consider if the agreement facilitated effective workplace relations and met the objectives of the Act.

The FWC determined that the agreement was fair and reasonable, providing adequate protection for the employees' terms and conditions. The FWC noted that the agreement covered essential minimum entitlements, including wages, leave provisions, and other benefits. The FWC was satisfied that the agreement had been made in a manner compliant with the Fair Work Act and that there was no evidence of coercion or undue influence in its creation. The FWC concluded that the agreement would contribute to effective workplace relations and aligned with the legislative objectives.

The FWC approved the agreement, thereby allowing it to be registered and enforceable as a registered agreement under the Fair Work Act. This decision provided certainty and stability for both the employer and the employees, ensuring that the agreement would govern their workplace relations for the specified period.

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