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

[2014] FWCA 2612

FAIR WORK COMMISSION

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
(AG2014/3868)

CHUBB FIRE AND SECURITY PTY LIMITED DINGLEY WAREHOUSING AND PRODUCTION (SUPPLY CHAIN) EMPLOYEES AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 APRIL 2014

Application for approval of the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2013-2016.

[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 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[4] The consultation term of the Agreement does not meet the requirements of s.205(1) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term, as set out in Schedule 2.3 of the Fair Work Regulations 2009, is taken to be a term of the Agreement. The model consultation term is attached to this decision as Attachment B.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2014. The nominal expiry date of the Agreement is 30 November 2016.

DEPUTY PRESIDENT

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, applied to the Fair Work Commission for approval of the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2013-2016. The dispute centred around the application's compliance with the Fair Work Act 2009 and its alignment with the principles of the Fair Work System. The Commission was tasked with determining whether the proposed agreement met the necessary legal standards and whether it provided fair and reasonable terms for the employees involved.

The primary legal issues revolved around the fairness and reasonableness of the agreement's provisions, including wages, working conditions, and employee benefits. The Commission examined whether the agreement complied with the Fair Work Act's requirements for enterprise agreements and whether it provided adequate protections for the employees. Additionally, the court had to consider the parties' bargaining positions and whether the agreement was genuinely negotiated between the employer and the employees' representatives.

The Commission found that the agreement was generally fair and reasonable, with most provisions meeting the legal standards set out in the Fair Work Act. The court acknowledged the complexities of the bargaining process but concluded that the agreement did not unduly disadvantage the employees. The Commission highlighted specific provisions that required minor adjustments to better align with the Fair Work System's principles. Following these adjustments, the Commission approved the agreement, noting its overall compliance with the Act and its potential to provide fair terms for the employees.

The Fair Work Commission approved the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2013-2016, subject to the minor amendments made to certain provisions. The court's decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees while complying with the legal framework established by the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established