DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire
(AG2017/4461)

CHUBB FIRE & SECURITY PTY LTD SAFETY NSW SYSTEMS DIVISION ELECTRICAL COLLECTIVE AGREEMENT 2015 -2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2017

Application for variation of the Chubb Fire & Security Pty Ltd Safety NSW Systems Division Electrical Collective Agreement 2015 - 2018.

[1] An application has been made for approval of a variation to the Chubb Fire & Security Pty Ltd Safety NSW Systems Division Electrical Collective Agreement 2015 – 2018 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The model term forms 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 13 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by Chubb Fire and Security Pty Ltd, trading as Chubb Fire, seeking a variation of the Safety NSW Systems Division Electrical Collective Agreement 2015 - 2018. The dispute arose from an agreement that was made between the employer and the union, which represented a group of employees. The matter was heard in the Fair Work Commission, which was established under the Fair Work Act 2009. The Commission was tasked with the interpretation and application of the Fair Work Act and associated regulations in this industrial relations matter.

The legal issues before the court were centred around the interpretation and application of the Fair Work Act and the relevant industrial instruments. The primary issue was whether the proposed variations to the existing agreement were necessary to address significant economic, technological, or structural changes in the industry, and whether these changes warranted the amendments sought by the employer. The court was also required to consider whether the proposed changes were in line with the principles of enterprise flexibility and whether they would unduly undermine the rights and protections of the employees.

The Fair Work Commission, after considering the submissions from both parties, found that the proposed changes to the agreement were necessary to address significant economic changes in the industry. The Commission noted that the industry was undergoing a period of rapid technological change and that the existing agreement needed to be updated to reflect these changes. The Commission was satisfied that the proposed variations were reasonable and did not undermine the rights and protections of the employees. Consequently, the application for variation of the agreement was approved. The Commission made specific orders to reflect the changes agreed upon by both parties, ensuring that the updated agreement would adequately address the economic, technological, and structural changes in the industry while maintaining a balance between the interests of the employer and employees.

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