DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire
(AG2017/5955)

CHUBB VICTORIA, PORTABLE SERVICE TECHNICIANS AND THE AUSTRALIAN WORKERS UNION, ENTERPRISE AGREEMENT, 2017 - 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2017

Application for approval of the Chubb Victoria, Portable Service Technicians and The Australian Workers Union, Enterprise Agreement, 2017 - 2019.

[1] On 4 December 2017, Chubb Fire and Security Pty Ltd T/A Chubb Fire (Applicant) made an application for approval of the Chubb Victoria, Portable Service Technicians and The Australian Workers Union, Enterprise Agreement, 2017 - 2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Chubb Fire and Security Pty Ltd, trading as Chubb Fire, for the approval of the Chubb Victoria, Portable Service Technicians and The Australian Workers Union, Enterprise Agreement, 2017 - 2019. The application was brought under the Fair Work Act 2009. The Australian Workers Union represented the employees of Chubb Fire, who were the intended beneficiaries of the proposed enterprise agreement.

The central legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act, specifically whether it complied with the good faith bargaining requirements and whether it met the provisions for employee protections and entitlements. Additionally, the Commission needed to determine if the agreement adequately addressed the terms and conditions of employment for the portable service technicians and if it provided a fair and reasonable outcome for the employees.

The Commission found that the enterprise agreement met the necessary requirements under the Fair Work Act. The agreement was the result of genuine and good faith bargaining, as evidenced by the extensive negotiations between the parties. The Commission also found that the agreement provided for adequate protections and entitlements for the employees, including provisions for wages, hours of work, leave, and dispute resolution mechanisms. The terms of the agreement were deemed to be fair and reasonable, taking into account the specific needs and conditions of the portable service technicians.

The Fair Work Commission approved the Chubb Victoria, Portable Service Technicians and The Australian Workers Union, Enterprise Agreement, 2017 - 2019. The agreement was registered under the Fair Work Act, effective from the date of the Commission's decision. This decision ensures that the terms and conditions of employment for the portable service technicians are governed by the approved enterprise 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