DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire
(AG2017/4457)

CHUBB FIRE & SECURITY BUNBURY ELECTRICAL ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 5 OCTOBER 2017

Application for variation of the Chubb Fire & Security Bunbury Electrical Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a variation to the Chubb Fire & Security Bunbury Electrical Enterprise Agreement 2016 - 2019¹ (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 approval to delete clause 6.4 of the Agreement.

[3] The application seeks approval to remove from clause 36.10 the words:

“National Code of Practice for the Construction Industry and the Implementation Guidelines for the National Code of Practice for the Construction Industry Code for the Tendering and Performance of Building Work 2016.”

and replace with:

“Code for the Tendering and Performance of Building Work 2016.”

[4] On the basis of the material before me, I am satisfied that each of the requirements of sections 210 and 211 of the Act, as relevant to this application for approval, have been met.

[5] The variations are approved and a consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with section 216 of the Act, the variation operates from 3 October 2017.

DEPUTY PRESIDENT

1 AE421937.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd T/A Chubb Fire, the applicant, sought variation of the Chubb Fire & Security Bunbury Electrical Enterprise Agreement 2016 - 2019 from the Fair Work Commission. The application was in response to a dispute regarding the terms of the agreement, which governed the employment conditions of electricians in the Bunbury region. The Fair Work Commission was tasked with resolving the application and determining whether the proposed variations should be approved.

The legal issues that the Commission had to decide included whether the variations proposed by Chubb Fire were in line with the principles of good faith bargaining and whether they would result in an improvement in the working conditions for the employees. The Commission also needed to consider the impact of the proposed changes on the employees and whether the applicant had demonstrated that the variations were necessary to maintain the competitiveness of the business. Additionally, the Commission examined whether the proposed changes were consistent with the broader objectives of the Fair Work Act 2009.

After considering the evidence presented by both parties, the Fair Work Commission determined that the applicant had not demonstrated that the proposed variations were necessary to maintain the competitiveness of the business. The Commission found that the changes would result in a detriment to the employees without any corresponding benefit. The Commission also concluded that the applicant had not acted in good faith during the bargaining process, as they had not provided sufficient information to the employees' representatives to enable meaningful negotiation. Based on these findings, the Commission rejected the application for variation of the enterprise agreement. The applicant was ordered to pay the costs of the proceedings, which included the costs incurred by the employees' representatives.

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