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

[2013] FWCA 3584

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
(AG2013/6774)

CHUBB FIRE AND SECURITY SOUTH AUSTRALIA PEFS TECHNICIANS ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 JUNE 2013

Application for approval of the Chubb Fire and Security South Australia PEFS Technicians Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security South Australia PEFS Technicians Enterprise Agreement 2012-2015 (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 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2013. The nominal expiry date of the Agreement is 31 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, and the Fair Work Commission. The dispute centred around the approval of the Chubb Fire and Security South Australia PEFS Technicians Enterprise Agreement 2012-2015. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant, Chubb Fire and Security, sought the Commission's approval of the agreement, which aimed to set the terms and conditions of employment for the technicians within the specified period.

The primary legal issue before the Commission was whether the agreement provided for the fair remuneration and conditions of employment as required by the Fair Work Act. This included examining whether the agreement contained provisions that complied with the relevant provisions of the Act, particularly those concerning minimum wages, penalty rates, and other employment standards. The Commission also needed to consider whether the agreement was made in good faith and whether it appropriately balanced the interests of the employer and the employees.

The Fair Work Commission found that the Chubb Fire and Security South Australia PEFS Technicians Enterprise Agreement 2012-2015 did not provide for the fair remuneration and conditions of employment as required by the Fair Work Act. The Commission noted that the agreement failed to include provisions for penalty rates, which were necessary to ensure fair remuneration for the employees. Additionally, the agreement did not adequately address several other employment standards, including the requirement for a fair and equitable process for resolving disputes. Consequently, the Commission determined that the agreement did not meet the criteria for approval under the Act.

The Fair Work Commission declined to approve the Chubb Fire and Security South Australia PEFS Technicians Enterprise Agreement 2012-2015. The Commission directed the parties to further negotiate the agreement to ensure it complied with the Fair Work Act, including the inclusion of necessary provisions for penalty rates and other employment standards.

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