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

[2013] FWCA 2335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2013/5546)

CHUBB FIRE AND SECURITY PERTH SERVICE SPRINKLER FITTERS COLLECTIVE AGREEMENT 2012- 2015

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 APRIL 2013

Application for approval of the Chubb Fire and Security Perth Service Sprinkler Fitters Collective Agreement 2012- 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Perth Service Sprinkler Fitters Collective 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 1 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, and the respondents, who were employees of the company. The dispute centred around the application for approval of the Chubb Fire and Security Perth Service Sprinkler Fitters Collective Agreement for the period of 2012 to 2015. The application was brought forth to ensure that the agreement complied with the necessary legislative requirements and was fair and reasonable for both parties involved.

The primary legal issues the court had to address were whether the collective agreement met the criteria for approval under the Fair Work Act 2009, and whether the agreement was fair and reasonable for the employees it covered. The court needed to examine whether the agreement contained the essential terms as required by the Act, and if it was made in good faith and without coercion. Additionally, the court had to consider whether the agreement was consistent with the provisions of the National Employment Standards and if it provided for proper dispute resolution mechanisms.

The court carefully reviewed the collective agreement, taking into account the submissions from both parties and the relevant legislative framework. It found that the agreement contained the necessary essential terms and was made in good faith. Furthermore, the court concluded that the agreement was fair and reasonable for the employees it covered, as it provided for adequate dispute resolution mechanisms and did not adversely affect the employees' rights under the National Employment Standards. Based on these findings, the court approved the collective agreement for the specified period.

The court's final order was that the Chubb Fire and Security Perth Service Sprinkler Fitters Collective Agreement 2012-2015 be approved in accordance with the Fair Work Act 2009. This decision provided certainty for both the employer and the employees, ensuring that the agreement was legally binding and enforceable for the duration of its term.

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