DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2017/1201)

CHUBB FIRE AND SECURITY PTY LIMITED DINGLEY WAREHOUSING AND PRODUCTION (SUPPLY CHAIN) EMPLOYEES AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 5 MAY 2017

Application for approval of the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2016-2019 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 May 2017 and, in accordance with s.54, will operate from 12 May 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, and the Australian Council of Trade Unions. The dispute centred on the application for the approval of the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2016-2019. The matter was heard in the Fair Work Commission of Australia.

The central legal issue was whether the terms of the proposed agreement were fair and reasonable for the employees covered by the agreement. Specifically, the court had to assess if the agreement met the criteria under the Fair Work Act 2009 for being a single interest employer agreement, and whether the agreement complied with the requirements for being a simplified agreement under the Fair Work Regulations 2009. The court also needed to determine whether the agreement adequately protected the employees’ rights and interests, particularly in relation to pay rates, hours of work, and other conditions of employment.

The Fair Work Commission found that the agreement met the criteria for being a single interest employer agreement and was compliant with the requirements for a simplified agreement. The court concluded that the agreement was fair and reasonable, as it provided adequate protections for the employees, including provisions for pay rates, allowances, and other working conditions. The court considered the agreement to be in the best interest of the employees, as it balanced the needs of the employer and the employees. The application for approval of the agreement was therefore granted.

The Fair Work Commission ordered that the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2016-2019 be approved and registered as a single interest employer agreement under the Fair Work Act 2009. The agreement will now govern the employment conditions of the employees covered by the agreement for the period of 2016 to 2019.

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