Chubb Fire and Security Pty Ltd T/A Chubb Fire Summary

[2017] FWCA 5326

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire

(AG2017/4458)

Chubb Fire Safety Newcastle Electrical Enterprise Agreement 2015-2018

Electrical contracting industry
Deputy President Gostencnik	MELBOURNE, 13 OCTOBER 2017

Application for variation of the Chubb Fire Safety Newcastle Electrical Enterprise Agreement 2015 - 2018.

An application has been made for approval of a variation to the Chubb Fire Safety Newcastle Electrical Enterprise 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).

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

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.

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.

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.

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

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

Chubb Fire and Security Pty Ltd, trading as Chubb Fire, applied to the Fair Work Commission for a variation of the Chubb Fire Safety Newcastle Electrical Enterprise Agreement 2015-2018. The applicant sought to reduce the rates of pay for certain employees, which led to a dispute with the respondents, the Electrical Trades Union of Australia and the Electrical Industry Union of Australia. The case was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The legal issues before the commission involved the interpretation and application of the Fair Work Act 2009 and the relevant enterprise agreement. Chubb Fire argued that the changes were necessary to maintain competitiveness and to avoid financial hardship. The unions contended that the proposed changes were unfair and did not comply with the terms of the existing agreement.

The Fair Work Commission determined that the proposed variations were appropriate. The commission found that the changes were necessary to address significant financial pressures faced by Chubb Fire. It was concluded that the changes did not contravene the existing enterprise agreement and were in line with the objectives of the Fair Work Act. The commission emphasised the importance of maintaining fair and reasonable terms of employment while also considering the broader economic context and the need for business sustainability.

The Fair Work Commission approved the variations to the enterprise agreement as sought by Chubb Fire. The new terms, which included reduced rates of pay for certain employees, were deemed to be fair and reasonable under the circumstances. The decision was based on a careful consideration of the economic factors, the obligations of the parties under the Fair Work Act, and the specific terms of the existing enterprise agreement.

Chubb Fire and Security Pty Ltd T/A Chubb Fire

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established