Chubb Fire and Security Pty Ltd

[2018] FWCA 7219

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd

(AG2018/3035)

Security Monitoring Centre Australia, Salisbury Enterprise Agreement 2018-2020

Security services
Deputy President Kovacic	CANBERRA, 26 NOVEMBER 2018

Application for approval of the Security Monitoring Centre Australia, Salisbury Enterprise Agreement 2018-2020.

An application has been made for approval of an enterprise agreement known as the Security Monitoring Centre Australia, Salisbury Enterprise Agreement 2018-2020 (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 and Security Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 1 November 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Chubb Fire and Security Pty Ltd seeking approval for the Security Monitoring Centre Australia, Salisbury Enterprise Agreement 2018-2020. The applicants were the employer, Chubb, and the respondent was the Australian Council of Trade Unions (ACTU), acting on behalf of the employees. The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issue for the court was whether the agreement provided for the proper protection of employees' rights, interests, and conditions of employment, as mandated by the legislation. The court needed to ensure that the agreement complied with the procedural requirements, including the minimum terms and conditions set out in the relevant awards and the process for its approval. Furthermore, the court had to determine if the agreement was in the best interests of the employees and whether it was appropriately certified by a relevant registered organisation.

The court examined the application and supporting documents, including the proposed agreement and the certification process. It found that the agreement adhered to the statutory requirements, met the minimum terms and conditions, and was certified by a relevant registered organisation. The court also considered the fairness and reasonableness of the agreement's provisions and the views of the employees. Ultimately, the court was satisfied that the agreement provided for the proper protection of employees' rights, interests, and conditions of employment and approved the Security Monitoring Centre Australia, Salisbury Enterprise Agreement 2018-2020. The court's decision was based on the evidence presented and the conclusion that the agreement was in the best interests of the employees and met the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established