DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire
(AG2018/4995)

CHUBB FIRE SAFETY, ALICE SPRINGS, ELECTRICAL TECHNICIANS, COLLECTIVE AGREEMENT, 2017 - 2019

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 JANUARY 2019

Application for approval of the Chubb Fire Safety, Alice Springs, Electrical Technicians, Collective Agreement, 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety, Alice Springs, Electrical Technicians, Collective Agreement, 2017 - 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 T/A Chubb Fire. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Chubb Fire and Security Pty Ltd, trading as Chubb Fire, and Electrical Technicians. The dispute revolves around the application for approval of a collective agreement concerning the terms and conditions of employment for electrical technicians in Alice Springs. This matter was heard in the Fair Work Commission, a federal Australian government body responsible for resolving workplace disputes and promoting fair work practices.

The primary legal issues the court needed to address were whether the collective agreement met the statutory requirements set out in the Fair Work Act 2009 and whether it complied with the principles of good faith bargaining and procedural fairness. The court also had to determine if the agreement provided fair and reasonable terms and conditions for the employees involved.

The Fair Work Commission considered various factors in reaching its decision, including the nature of the agreement, the bargaining process, and the interests of both the employees and the employer. The court found that the collective agreement was made in good faith and adhered to the statutory requirements. It also concluded that the agreement provided fair and reasonable terms and conditions for the electrical technicians, taking into account their specific working conditions and the employer's needs. Based on these findings, the court approved the collective agreement.

No additional orders were made beyond the approval of the collective agreement. The court's decision affirms the importance of ensuring that collective agreements are made in good faith and provide fair and reasonable terms and conditions for employees while also considering the employer's needs.

Chubb Fire and Security Pty Ltd T/A Chubb Fire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established