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

[2013] FWCA 587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2012/13731)

CHUBB FIRE AND SECURITY PERTH ELECTRICAL SYSTEMS ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JANUARY 2013

Application for approval of the Chubb Fire and Security Perth Electrical Systems Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Perth Electrical Systems 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

The case involved Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, and the Electrical Trades Union of Australia. The dispute arose from an application for the approval of the Chubb Fire and Security Perth Electrical Systems Enterprise Agreement 2012 - 2015. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction over employment-related disputes in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the fair and reasonable terms and conditions of employment, including pay and conditions that were no worse off overall (NWOO) compared to the existing conditions. Additionally, the Commission had to assess if the agreement complied with the procedural requirements for approval, such as proper consultation and notice to relevant parties.

The Commission found that the proposed agreement did provide for fair and reasonable terms and conditions of employment. It was noted that the agreement included provisions for reasonable working hours, paid leave, and other employment benefits that were not worse off overall for the employees. The Commission also confirmed that the procedural requirements for approval were met, as proper consultation and notice were provided to the relevant parties. Therefore, the Commission approved the Chubb Fire and Security Perth Electrical Systems Enterprise Agreement 2012 - 2015.

No further orders were made by the Commission. The agreement was approved as presented, and it would now govern the employment terms and conditions for the relevant employees.

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