DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2016/1338)

CHUBB FIRE AND SECURITY SOUTH EAST QUEENSLAND PORTABLE AND WORKSHOP TECHNICIAN ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2016

Application for approval of the Chubb Fire and Security South East Queensland Portable and Workshop Technician Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security South East Queensland Portable and Workshop Technician 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2016. The nominal expiry date of the Agreement is 26 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Chubb Fire and Security Pty Ltd, seeking approval for the Chubb Fire and Security South East Queensland Portable and Workshop Technician Enterprise Agreement 2016 - 2019. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The respondents to the application were the Australian Manufacturing Workers' Union, which represented the employees in question, and the Certified Assured Independent Representatives, who argued that the agreement did not comply with the statutory requirements.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions. The Commission also had to determine if the agreement provided for a fair and reasonable method for resolving disputes between the parties, and if it adhered to the standards set out in the Fair Work Act. A further consideration was whether the agreement had been appropriately certified by the relevant authorities.

In its decision, the Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The Commission identified several shortcomings, including the absence of a clear process for resolving disputes and the failure to provide for certain minimum terms. The Commission noted that while the agreement contained many provisions that were beneficial to the employees, it did not meet the necessary legal standards. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that all enterprise agreements comply with the statutory requirements to protect the rights of both employers and employees.

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