DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire
(AG2018/3217)

CHUBB FIRE AND ETU VICTORIA ELECTRICAL ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 OCTOBER 2018

Application for approval of the Chubb Fire and ETU Victoria Electrical Enterprise Agreement, 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and ETU Victoria Electrical Enterprise Agreement, 2018-2021 (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. 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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by Chubb Fire and Security Pty Ltd, trading as Chubb Fire, to the Fair Work Commission (FWC) for approval of the Chubb Fire and ETU Victoria Electrical Enterprise Agreement, 2018-2021. The Electrical Trades Union of Victoria (ETU) and some employees of Chubb Fire were parties to the dispute. The central issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was in the public interest, and whether it provided for fair and reasonable terms and conditions.

The FWC considered various factors in making its decision, including the nature of the agreement, the bargaining process, and the terms and conditions of the agreement. The FWC noted that the agreement had been negotiated in good faith and that the bargaining process had been fair and reasonable. The FWC also found that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave, and other employment-related matters. Additionally, the FWC determined that the agreement was in the public interest, as it provided for a fair and efficient workplace and helped to promote industrial peace and harmony.

Following its analysis, the FWC approved the Chubb Fire and ETU Victoria Electrical Enterprise Agreement, 2018-2021, subject to certain conditions. The FWC noted that the agreement was an improvement on the previous agreement and that it provided for fair and reasonable terms and conditions for employees. The FWC also noted that the agreement would help to promote industrial peace and harmony and was in the public interest. The approval of the agreement was a significant outcome for both the parties involved and for the employees covered by the agreement.

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