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

[2013] FWCA 2254

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
(AG2013/5942)

CHUBB FIRE AND SECURITY, SOUTH AUSTRALIA, SPRINKLER FITTERS, COLLECTIVE AGREEMENT, 2012-2015

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 APRIL 2013

Application for approval of the Chubb Fire and Security, South Australia, 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, South Australia, Sprinkler Fitters, Collective 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 24 April 2013. The nominal expiry date of the Agreement is 31 January 2015.

SENIOR DEPUTY PRESIDENT

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 for the approval of the South Australia, Sprinkler Fitters, Collective Agreement, 2012-2015. This application was made under section 234 of the Fair Work Act 2009. The dispute arose due to disagreements between the employer and the employees regarding the terms of the proposed agreement, which aimed to regulate employment conditions for sprinkler fitters in South Australia.

The primary legal issue before the court was whether the proposed collective agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the provisions outlined in sections 228 and 230 of the Act, which mandate that a certified agreement must be in writing, specify the period of its operation, and be fair and reasonable for the employees it covers. Additionally, the court examined whether the agreement was genuinely negotiated between the employer and the employees and if it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009.

After reviewing the evidence and submissions from both parties, the court found that the proposed agreement met all the statutory requirements. It was concluded that the agreement was properly negotiated and reflected the genuine terms agreed upon by the employer and the employees. The court was satisfied that the agreement was fair and reasonable, and it would operate effectively in the interests of both parties. The court approved the agreement, thereby allowing it to come into effect as a certified agreement under the Fair Work Act 2009.

The final orders of the court included the approval of the South Australia, Sprinkler Fitters, Collective Agreement, 2012-2015, which is now a certified agreement under the Fair Work Act 2009. This decision ensures that the terms of the agreement will govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established