DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2016/5486)

CHUBB FIRE AND SECURITY PTY LTD QLD ELECTRONIC SECURITY TECHNICIANS ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Chubb Fire and Security Pty Ltd QLD Electronic Security Technicians Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Pty Ltd QLD Electronic Security Technicians Enterprise Agreement 2016 - 2019 (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 6 October 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Chubb Fire and Security Pty Ltd, a company in the security services industry, and its employees represented by the Queensland United Firefighters’ Union. The dispute centred on the approval of the Chubb Fire and Security Pty Ltd Queensland Electronic Security Technicians Enterprise Agreement 2016-2019. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issue the Commission had to decide was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement provided for minimum terms and conditions of employment, and if it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement adequately addressed issues such as wages, hours of work, and other employment conditions, and whether it was appropriately certified by the Independent Bar Association.

In its decision, the Fair Work Commission examined the submissions from both parties and the content of the agreement. The Commission found that the agreement provided for the minimum terms and conditions required by law and was made in good faith. It also noted that the agreement addressed the key employment conditions, including wages, hours of work, and other relevant terms. The Commission was satisfied that the agreement was appropriately certified and met the necessary criteria for approval. Consequently, the Fair Work Commission approved the Chubb Fire and Security Pty Ltd Queensland Electronic Security Technicians Enterprise Agreement 2016-2019.

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