DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2017/2397)

CHUBB FIRE SAFETY SYDNEY AND WOLLONGONG SERVICE DIVISION ELECTRICAL ENTERPRISE AGREEMENT 2016 - 2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 17 AUGUST 2017

Application for approval of the Chubb Fire Safety Sydney and Wollongong Service Division Electrical Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Sydney and Wollongong Service Division Electrical Enterprise Agreement 2016 - 2018 (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.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Chubb Fire Safety Sydney and Wollongong Service Division Electrical Enterprise Agreement 2016 - 2018. The application was brought by the employer, Chubb Fire and Security, seeking the Commission's approval of the proposed agreement which outlines the terms and conditions of employment for the Electrical division of the company in Sydney and Wollongong.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, including being a genuine enterprise agreement, free from prohibited content, and meeting the "better off overall test". The applicant argued that the agreement was fairly negotiated, did not contain any prohibited content, and that the employees were better off overall under the proposed agreement compared to the applicable awards.

The Fair Work Commission approved the application, finding that the agreement was a genuine enterprise agreement, free from prohibited content, and met the better off overall test. The Commission noted the applicant's commitment to fair and transparent negotiations, and the comprehensive process undertaken to ensure employee participation. The Commission was satisfied that the agreement provided a fair and reasonable outcome for the employees and met the statutory requirements.

The Commission approved the Chubb Fire Safety Sydney and Wollongong Service Division Electrical Enterprise Agreement 2016 - 2018, effective from the date of the Commission's decision. This outcome provides certainty and stability for the employees and the employer in relation to the terms and conditions of employment for the Electrical division.

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