Chubb Fire and Security Pty Ltd

Case [2017] FWCA 2728


[2017] FWCA 2728
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2017/1621)

CHUBB FIRE AND SECURITY SOUTH EAST QUEENSLAND VEHICLE FIRE SUPPRESSION, FIRE DOORS & PASSIVE, MULTI-SKILLED FIRE PROTECTION TECHNICIAN ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 19 MAY 2017

Application for approval of the Chubb Fire and Security South East Queensland Vehicle Fire Suppression, Fire Doors & Passive, Multi-Skilled Fire Protection Technician Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security South East Queensland Vehicle Fire Suppression, Fire Doors & Passive, Multi-Skilled Fire Protection Technician Enterprise Agreement 2017 - 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER
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Details
AGLC
Chubb Fire and Security Pty Ltd [2017] FWCA 2728
Case
[2017] FWCA 2728
Decision Date

CaseChat Overview and Summary

The case before the court involved Chubb Fire and Security Pty Ltd, which sought approval for its Enterprise Agreement concerning its South East Queensland vehicle fire suppression, fire doors and passive, multi-skilled fire protection technicians. The applicant aimed to have the agreement recognised under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the decision being made by Commissioner J M A Kelly.

The primary legal issue before the court was whether the agreement met the requirements for registration under the Fair Work Act. The court needed to determine if the agreement contained the necessary elements as outlined in the Act, including whether it was appropriately certified, if it was in the best interests of the employees, and if it complied with the Act's provisions. The court also needed to consider if the agreement contained any unfair terms and if there were any procedural irregularities in the process.

The Fair Work Commission found that the agreement was appropriately certified and contained the necessary elements for registration. The Commission noted that the agreement was in the best interests of the employees, as it provided them with reasonable terms and conditions of employment. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the prohibition of unfair terms and the provision of procedural fairness. The Commission approved the agreement, stating that it met the criteria for registration under the Act. The Commission also noted that any disputes arising from the agreement would be dealt with in accordance with the relevant provisions of the Act.

The Fair Work Commission approved the Enterprise Agreement, stating that it met the requirements for registration under the Fair Work Act. The Commission found that the agreement was appropriately certified, contained the necessary elements, was in the best interests of the employees, and complied with the Act's provisions. The Commission also noted that the agreement did not contain any unfair terms and that there were no procedural irregularities in the process. The agreement was registered, and any disputes arising from it would be dealt with in accordance with the relevant provisions of the Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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