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

[2013] FWCA 2409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2013/5776)

CHUBB FIRE & SECURITY BUNBURY ELECTRICAL ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 APRIL 2013

Application for approval of the Chubb Fire & Security Bunbury Electrical Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Bunbury Electrical Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, applied for the approval of the Chubb Fire & Security Bunbury Electrical Enterprise Agreement 2012-2015. The application involved the terms and conditions of employment for electrical employees within the Bunbury region, which were to be governed by the proposed agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test" (BOOT), ensuring that the employees were not worse off financially and had other benefits. Additionally, the Commission examined whether the agreement was procedurally sound, given the process through which it was negotiated and agreed upon.

The Commission found that the agreement satisfied the BOOT as the employees were not disadvantaged financially and had additional benefits. Furthermore, the process through which the agreement was negotiated and agreed upon was deemed to be procedurally sound. Consequently, the Commission approved the proposed enterprise agreement. The approval was made subject to certain conditions to ensure compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established