DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire
(AG2018/3104)

CHUBB FIRE AND CEPU - PLUMBING DIVISION ENTERPRISE AGREEMENT VICTORIA 2018-2020

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 20 JULY 2018

Application for approval of the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement Victoria 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement Victoria 2018-2020 (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] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Chubb Fire and Security Pty Ltd, trading as Chubb Fire, applied for approval of the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement Victoria 2018-2020. The applicant is an employer in the fire protection industry, and the respondents are trade unions representing employees in the plumbing division. The dispute centres on whether the proposed enterprise agreement complies with the requirements of the Fair Work Act 2009.

The primary legal issues before the court involved the assessment of the enterprise agreement against the criteria set out in the Fair Work Act. This included determining whether the agreement was made in good faith, if it contained the minimum terms and conditions as required by the Act, and whether it was procedurally sound in its formation. Additionally, the court had to consider whether the agreement was likely to have a detrimental effect on the financial performance of the business.

The Fair Work Commission found that the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement met the necessary criteria for approval. The court concluded that the agreement was made in good faith and contained all the required minimum terms and conditions. It also determined that the agreement was procedurally sound, having been formed through genuine bargaining and consultation processes. The court further held that the agreement would not have a detrimental effect on the financial performance of the business. Consequently, the Fair Work Commission approved the enterprise agreement, confirming its validity and enforceability.

The Fair Work Commission’s final orders included the approval of the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement Victoria 2018-2020. The agreement was to be registered with the Fair Work Ombudsman, and it would come into effect on the date of registration. This decision provided clarity and certainty for the employer and the employees covered by the agreement, ensuring compliance with the statutory requirements under the Fair Work Act.

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