DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2016/6478)

CHUBB ELECTRONIC SECURITY NORTHERN TERRITORY ELECTRONICS TECHNICIANS, ENTERPRISE AGREEMENT 2016-2020

Northern Territory
COMMISSIONER SAUNDERS	PORT MACQUARIE, 3 NOVEMBER 2016

Application for approval of the Chubb Electronic Security Northern Territory Electronics Technicians, Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Electronic Security Northern Territory Electronics Technicians, Enterprise Agreement 2016-2020 (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] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter involved a dispute between Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, and the Northern Territory Electronics Technicians. The company sought approval for the Chubb Electronic Security Northern Territory Electronics Technicians, Enterprise Agreement 2016-2020, which was to govern the terms and conditions of employment for the technicians. The application was heard in the Fair Work Commission.

The primary legal issues before the court were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including the need for the agreement to be in writing, to be free from prohibited content, and to provide for minimum entitlements as stipulated by the Act. Additionally, the court needed to determine if the agreement had been fairly negotiated and if it was in the best interests of the employees.

In examining the application, the court reviewed the proposed agreement against the legislative framework. It found that the agreement was in writing, free from prohibited content, and provided for all minimum entitlements as required by the Act. The court also determined that the agreement had been fairly negotiated and was in the best interests of the employees, considering the specific circumstances and needs of the workforce. As a result, the court approved the enterprise agreement, acknowledging its compliance with all necessary legal standards and its suitability for the employees involved.

The final order of the court was the approval of the Chubb Electronic Security Northern Territory Electronics Technicians, Enterprise Agreement 2016-2020, effective from the date of the decision. This approval signifies that the agreement is now legally binding between the parties and will govern the employment terms and conditions of the technicians within the specified timeframe.

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