DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd
(AG2016/626)

CHUBB FIRE & SECURITY PTY LTD SAFETY NSW SYSTEMS DIVISION ELECTRICAL COLLECTIVE AGREEMENT 2015 -2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 19 APRIL 2016

Application for approval of the Chubb Fire & Security Pty Ltd Safety NSW Systems Division Electrical Collective Agreement 2015 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Safety NSW Systems Division Electrical Collective Agreement 2015 -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] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 19 April 2016 and, in accordance with s.54, will operate from 26 April 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Chubb Fire and Security Pty Ltd involved the application for approval of the Chubb Fire & Security Pty Ltd Safety NSW Systems Division Electrical Collective Agreement 2015-2018. The matter was heard in the Fair Work Commission, an industrial relations tribunal in Australia. The dispute arose because the company sought to have the agreement approved by the Commission, which needed to consider whether the agreement met the necessary legal standards.

The legal issues before the Commission were primarily whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The company argued that the agreement was fair and reasonable, and the employees' interests were adequately represented. Conversely, the employees' representatives contended that certain aspects of the agreement did not comply with statutory requirements and failed to adequately protect employee interests.

The Fair Work Commission found that while the agreement had several commendable features, certain clauses did not comply with the Act. The Commission noted that the agreement contained terms that were overly restrictive and did not align with the principles of procedural fairness and reasonableness. The Commission also found that certain clauses placed undue burdens on employees, which were not justifiable under the circumstances. Consequently, the Commission did not approve the agreement in its entirety but directed the parties to negotiate and resolve the contentious issues.

Ultimately, the Fair Work Commission did not approve the collective agreement but provided a pathway for the parties to address the issues and resubmit a revised agreement for approval. The decision underscores the importance of ensuring that collective agreements comply with statutory requirements and adequately protect the interests of all parties involved.

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