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

[2013] FWCA 705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2013/4363)

CHUBB FIRE AND SECURITY, TASMANIA, ELECTRICAL, COLLECTIVE AGREEMENT, 2012-2015

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 31 JANUARY 2013

Application for approval of the Chubb Fire and Security, Tasmania, Electrical, Collective Agreement, 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security, Tasmania, Electrical, Collective Agreement, 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 7 February 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the case of Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security, the Fair Work Commission was tasked with reviewing and approving the Electrical, Collective Agreement for Tasmania, covering the period from 2012 to 2015. The dispute involved the applicant, Chubb Fire and Security, and the Electrical Trades Union of Australia, representing the employees. The primary focus of the case was to determine whether the terms and conditions outlined in the proposed agreement were fair and equitable for both parties, and whether they complied with the relevant legislative frameworks.

The court was required to consider several key legal issues, including the fairness of the proposed terms and conditions, the compliance of the agreement with the Fair Work Act 2009, and the overall impact on the employees and the employer. The court also needed to ensure that the agreement met the criteria for approval under section 233 of the Act, which mandates that agreements must provide for fair and reasonable terms and conditions, including minimum rates of pay and conditions of employment. Additionally, the court examined whether the agreement appropriately balanced the interests of the employees, the employer, and the broader economic considerations.

In delivering its decision, the court examined the proposed agreement's provisions in detail, assessing their fairness and compliance with the relevant laws. The court considered the parties' submissions and the evidence presented, focusing on the impact of the proposed terms on both employees and the employer. The court found that the agreement met the statutory requirements and was fair and reasonable, as it provided for adequate protections and benefits for the employees while also considering the employer's needs. Consequently, the court approved the agreement, acknowledging its balanced approach to the rights and interests of both parties involved.

The final orders of the court were to approve the Chubb Fire and Security, Tasmania, Electrical, Collective Agreement for the period 2012 to 2015, effective from the date of the decision. This approval signified that the agreement was deemed fair, reasonable, and compliant with the Fair Work Act 2009, thus allowing it to be implemented between the parties as a binding contract.

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