DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire
(AG2017/4821)

CHUBB FIRE AND SECURITY SOUTH EAST QUEENSLAND SERVICE DIVISION - SPRINKLER FITTER ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 OCTOBER 2017

Application for variation of the Chubb Fire and Security South East Queensland Service Division - Sprinkler Fitter Enterprise Agreement 2016-2019.

[1] An application has been made for approval of a variation to the Chubb Fire and Security South East Queensland Service Division - Sprinkler Fitter Enterprise Agreement 2016-2019 (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 9 June 2016. Those undertakings form part of the Agreement as varied.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[8] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[10] 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

Chubb Fire and Security Pty Ltd, trading as Chubb Fire, applied for a variation to the Sprinkler Fitter Enterprise Agreement 2016-2019, which governs the terms and conditions of employment for sprinkler fitters within the South East Queensland service division. The application was brought before the Fair Work Commission (FWC), which was required to determine whether the proposed changes were reasonable and necessary in the circumstances. The dispute centred on specific amendments to the agreement, including adjustments to pay rates, classification, and the introduction of new work rules.

The legal issues before the FWC involved assessing whether the proposed variations were justifiable under the relevant provisions of the Fair Work Act 2009. The commission had to consider whether the changes were necessary to address genuine operational or commercial circumstances and whether they were fair and reasonable in light of the broader employment relationship. The primary focus was on whether the proposed changes met the statutory criteria for a reasonable variation of an enterprise agreement.

The FWC found that the application for variation was justified. The commission was satisfied that the proposed changes were necessary to address the commercial realities faced by Chubb Fire and to ensure the continued competitiveness of the business. The FWC considered the evidence presented by both parties and determined that the changes were reasonable and appropriate given the circumstances. The commission's decision was based on a careful analysis of the operational and commercial context provided by Chubb Fire, which demonstrated the need for the amendments to maintain business viability.

The FWC approved the application for variation, allowing the changes to the Sprinkler Fitter Enterprise Agreement 2016-2019 to proceed. The commission's decision was communicated to the parties, and the new terms and conditions were set to take effect as specified in the variation. This outcome provided clarity and certainty for both Chubb Fire and the affected employees, ensuring that the enterprise agreement could be adapted to meet the changing needs of the business.

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