DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd t/a Chubb Fire and Security
(AG2016/1665)

CHUBB FIRE AND SECURITY REGIONAL QUEENSLAND SPRINKLER FITTER ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Chubb Fire and Security Regional Queensland Sprinkler Fitter Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Regional Queensland Sprinkler Fitter Enterprise 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 is approved and, in accordance with s.54 of the Act, will operate from 12 August 2016. The nominal expiry date of the Agreement is 11 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, the Fair Work Commission was asked to approve the Chubb Fire and Security Regional Queensland Sprinkler Fitter Enterprise Agreement 2016-2019. This agreement was proposed by Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, and the Queensland Council of Trade Unions. The agreement was intended to regulate the terms and conditions of employment for fitters working in regional Queensland. The primary dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for the proper regulation of workplace relations.

The legal issues that the Commission was required to address involved the fairness and efficacy of the proposed agreement. The Commission had to ensure that the agreement did not disadvantage employees and that it provided for fair and reasonable terms of employment. Furthermore, the Commission had to consider whether the agreement was consistent with the principles of the Fair Work Act, which include promoting harmonious, productive, and cooperative workplace relations. The Commission also examined whether the agreement had been made in good faith and whether it provided for the proper regulation of workplace relations.

After reviewing the evidence and submissions, the Fair Work Commission determined that the agreement was made in good faith and that it provided for the proper regulation of workplace relations. The Commission found that the proposed terms and conditions were fair and reasonable, taking into account the specific needs and circumstances of the employees in regional Queensland. The agreement was deemed to be consistent with the principles of the Fair Work Act, promoting harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the agreement, ensuring that it would now serve as a binding contract between the employer and the employees covered by the agreement.

The final orders of the Fair Work Commission were that the Chubb Fire and Security Regional Queensland Sprinkler Fitter Enterprise Agreement 2016-2019 was approved and would be registered. This decision ensures that the terms and conditions outlined in the agreement will govern the employment of fitters in regional Queensland, providing a framework for fair and reasonable workplace relations. The approval of the agreement also helps to maintain stability and predictability in the workplace, benefiting both the employer and the employees.

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