DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2019/3802)

CHUBB FIRE & SECURITY PTY LTD SOUTH EAST QUEENSLAND SPRINKLER FITTER ENTERPRISE AGREEMENT 2019 - 2022

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 14 OCTOBER 2019

Application for approval of the Chubb Fire & Security Pty Ltd South East Queensland Sprinkler Fitter Enterprise Agreement 2019 - 2022.

[1] Application has been made for approval of a single enterprise agreement known as the Chubb Fire & Security Pty Ltd South East Queensland Sprinkler Fitter Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, filed an application with the Fair Work Commission for the approval of the South East Queensland Sprinkler Fitter Enterprise Agreement 2019 - 2022. The dispute centred around the terms and conditions of employment for fitters working under this agreement, specifically whether the proposed agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely a bargain between the parties, whether it contained all the mandated minimum terms and conditions, and whether it complied with the procedural requirements set forth in the Fair Work Act. The Commission also needed to consider whether the proposed agreement provided fair and reasonable terms and conditions for the employees.

The Commission determined that the agreement met all the necessary requirements. The agreement was found to be a genuine bargain, as it had been negotiated in good faith. The Commission also found that the agreement contained all the mandated minimum terms and conditions and adhered to the procedural requirements. Furthermore, the Commission was satisfied that the proposed agreement provided fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the South East Queensland Sprinkler Fitter Enterprise Agreement 2019 - 2022, finding it to be a genuine bargain, containing all the mandated minimum terms and conditions, and compliant with the procedural requirements of the Fair Work Act. The agreement was also deemed to provide fair and reasonable terms and conditions for the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established