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

[2014] FWCA 481

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
(AG2013/12000)

CHUBB ELECTRONIC SECURITY, NORTHERN TERRITORY, ELECTRONICS TECHNICIANS, COLLECTIVE AGREEMENT 2013-2016

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 22 JANUARY 2014

Application for approval of the Chubb Electronic Security, Northern Territory, Electronics Technicians, Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Electronic Security, Northern Territory, Electronics Technicians, Collective Agreement 2013-2016 (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. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by Chubb Fire and Security Pty Ltd. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, filed an application with the Fair Work Commission for the approval of the Chubb Electronic Security, Northern Territory, Electronics Technicians, Collective Agreement 2013-2016. The application was contested by the Australian Manufacturing Workers' Union, who raised concerns about the agreement's compliance with the Fair Work Act 2009. The central issues before the Commission were whether the agreement met the formal requirements for approval and whether it complied with the provisions of the Fair Work Act.

The Commission considered the arguments presented by both parties, focusing on whether the agreement was made in good faith, whether it was in writing, and whether it complied with the procedural and substantive requirements of the Fair Work Act. The Commission found that the agreement had been made in good faith, was in writing, and satisfied the formal requirements for approval. Additionally, the Commission determined that the agreement did not contravene any provisions of the Fair Work Act, as it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission approved the Chubb Electronic Security, Northern Territory, Electronics Technicians, Collective Agreement 2013-2016, finding that it met the necessary legal requirements. The Commission emphasised the importance of collective bargaining and the role of the Fair Work Commission in facilitating fair and reasonable agreements between employers and employees. The Commission's decision was based on a thorough analysis of the agreement and the relevant provisions of the Fair Work Act, ensuring that the agreement was fair and reasonable for all parties involved.

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