DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2019/3594)

CHUBB FIRE AND SECURITY PTY LIMITED JANDAKOT WAREHOUSING (SUPPLY CHAIN) ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 22 OCTOBER 2019

Application for approval of the Chubb Fire and Security Pty Limited Jandakot Warehousing (Supply Chain) Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Jandakot Warehousing (Supply Chain) Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2019. The nominal expiry date of the Agreement is 21 October 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, applied for approval of the Enterprise Agreement 2019-2023 with the employees of its Jandakot Warehousing Division. The applicant sought approval under section 233 of the Fair Work Act 2009 (Cth) from the Fair Work Commission (FWC). The respondents included the Retail and Food Workers Union of Australia, the Australian Manufacturing Workers Union, and individual employees who opposed the application. The dispute centred on whether the proposed Enterprise Agreement met the requirements for approval under the Fair Work Act, particularly the "better off overall test" (BOOT) which assesses if the agreement is more favourable than the applicable award or safety net.

The key legal issue was whether the Enterprise Agreement provided employees with at least the same conditions as those provided by the relevant award, while also offering additional benefits that would make employees "better off overall." The respondents argued that the agreement did not sufficiently address issues such as overtime rates, penalty rates, and other entitlements, which they believed did not meet the BOOT. Chubb Fire and Security contended that the agreement was fair and improved upon the conditions set out in the applicable award.

The FWC evaluated the agreement by comparing the proposed terms and conditions with those of the applicable award. The Commission found that the proposed Enterprise Agreement did indeed offer better terms and conditions for employees in various respects, including pay rates and conditions. The FWC was satisfied that the agreement provided employees with a more favourable overall package, meeting the requirements of the Fair Work Act. Therefore, the FWC approved the Enterprise Agreement, finding it met the BOOT.

The final order was that the Fair Work Commission approved the Enterprise Agreement 2019-2023, effective from the date of the decision, subject to the terms and conditions set out in the agreement. The approval was made under section 233 of the Fair Work Act 2009 (Cth).

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established