DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2019/1796)

CHUBB FIRE & SECURITY PTY LTD SYDNEY AND WOLLONGONG SERVICE DIVISION ELECTRICAL ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 13 JUNE 2019

Application for approval of the Chubb Fire & Security Pty Ltd Sydney and Wollongong Service Division Electrical Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Sydney and Wollongong Service Division Electrical Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Chubb Fire and Security Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 (CEPU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 29 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd recently sought approval for the Sydney and Wollongong Service Division Electrical Enterprise Agreement 2018-2021 from the Fair Work Commission. The dispute centred on the terms of the agreement, specifically whether they complied with the relevant legislation and were fairly negotiated. The application was heard by a delegate of the Full Bench of the Fair Work Commission.

The legal issues before the court included whether the agreement contained all the required terms, whether it had been fairly negotiated, and whether the process for approving the agreement was lawful. The applicant argued that the agreement was comprehensive, fairly negotiated, and properly submitted for approval. Opposing the application, various stakeholders raised concerns about certain terms and the negotiation process.

The delegate found that the agreement contained all the necessary terms, was fairly negotiated, and the approval process was valid. The court examined the evidence and submissions from both sides, considering the requirements of the Fair Work Act 2009. The delegate concluded that the agreement met the statutory criteria for approval and was not unfair to any party. The court's decision was based on a detailed analysis of the agreement's content, the negotiation process, and the legal framework governing enterprise agreements.

The final orders of the court approved the Sydney and Wollongong Service Division Electrical Enterprise Agreement 2018-2021, allowing it to take effect. The agreement was found to be comprehensive, fairly negotiated, and compliant with the relevant legislation. The decision provides clarity for the parties involved and sets a precedent for similar enterprise agreements in the future.

Chubb Fire and Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established