Chubb Fire and Security Pty Ltd

[2013] FWCA 5114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2013/7468)

CHUBB FIRE AND SECURITY PERTH SYSTEMS SPRINKLER FITTERS COLLECTIVE AGREEMENT 2012-2015

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 JULY 2013

Application for approval of the Chubb Fire and Security Perth Systems Sprinkler Fitters Collective Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Perth Systems Sprinkler Fitters Collective Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[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) of the Act I note that the Agreement covers the organisation.

[4] I note the numbering of provisions within clause 41 and clause 42 is incorrect and each clause should be read as reflecting the numbering of the clause title.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chubb Fire and Security Pty Ltd, applied to the Fair Work Commission for approval of the Chubb Fire and Security Perth Systems Sprinkler Fitters Collective Agreement 2012-2015. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009 as a low-paid industry agreement. The applicant argued that the agreement met the statutory criteria for approval and that it was in the interests of the employees and the broader community. The application was contested by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the criteria for approval and that it was not in the best interests of the employees.

The court had to decide whether the agreement met the statutory criteria for approval and whether it was in the best interests of the employees and the broader community. The court considered the provisions of the agreement, including the wages and conditions, and whether they met the requirements of the Fair Work Act. The court also considered the impact of the agreement on the employees and the broader community, including the potential for the agreement to promote fair and efficient bargaining and to contribute to the economic and social well-being of the community.

The court found that the agreement met the statutory criteria for approval and that it was in the best interests of the employees and the broader community. The court noted that the agreement provided for fair and reasonable wages and conditions for the employees and that it promoted efficient bargaining between the parties. The court also found that the agreement would contribute to the economic and social well-being of the community by promoting stability and predictability in the workplace. The court approved the agreement under section 232 of the Fair Work Act.

The court ordered that the Chubb Fire and Security Perth Systems Sprinkler Fitters Collective Agreement 2012-2015 be approved as a low-paid industry agreement under section 232 of the Fair Work Act. The court also ordered that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work website. The court's decision provides clarity and certainty for the parties and the broader community regarding the approval of low-paid industry agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established