DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire
(AG2017/4722)

CHUBB FIRE SAFETY ACT SPRINKLER FITTER ENTERPRISE AGREEMENT - 2014 - 2017

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 OCTOBER 2017

Application for variation of the Chubb Fire Safety ACT Sprinkler Fitter Enterprise Agreement - 2014 - 2017.

[1] An application has been made for approval of a variation to the Chubb Fire Safety ACT Sprinkler Fitter Enterprise Agreement - 2014 - 2017 (the Agreement). The application was made by Chubb Fire and Security Pty Ltd T/A Chubb Fire pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 29 June 2015. Those undertakings form part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 27 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Chubb Fire and Security Pty Ltd trading as Chubb Fire to vary the Chubb Fire Safety ACT Sprinkler Fitter Enterprise Agreement from 2014 to 2017. The application was brought before the Fair Work Commission, which had the authority to determine the matter under the Fair Work Act 2009. The dispute centred on the need to adjust certain terms and conditions within the enterprise agreement to reflect changes in the business environment and to ensure the agreement remained fair and practical for both the employer and the employees.

The legal issues before the Commission included whether the proposed variations were necessary and reasonable, and whether the process for arriving at the variations was fair and in compliance with the relevant industrial relations legislation. The Commission had to consider the evidence presented by both parties, assess the reasonableness of the proposed changes, and determine whether the application met the criteria for a variation under section 230 of the Fair Work Act.

The Fair Work Commission carefully examined the evidence and submissions from both Chubb Fire and the unions representing the employees. The Commission found that the proposed changes were necessary to address operational challenges faced by the company and were reasonable in the context of the agreement's overall fairness and practicality. The process for arriving at the variations was deemed to be fair, and the application met the statutory requirements for a variation. Consequently, the Commission approved the variations, and the new terms and conditions of the enterprise agreement were set to take effect.

The final orders of the Commission mandated that the Chubb Fire Safety ACT Sprinkler Fitter Enterprise Agreement from 2014 to 2017 be varied as proposed by Chubb Fire. The new agreement terms were to be communicated to the employees, and the changes were to come into effect on the date specified in the Commission's decision. This ruling provided clarity and resolution to the dispute, allowing both parties to move forward with the updated 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