DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2018/6205)

CHUBB FIRE SAFETY BUNBURY PEFS AND PORTABLE TECHNICIANS ENTERPRISE AGREEMENT 2018 - 2021

Security Services
COMMISSIONER JOHNS	SYDNEY, 19 MARCH 2019

Application for approval of the Chubb Fire Safety Bunbury PEFS and Portable Technicians Enterprise Agreement 2018- 2021.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Bunbury PEFS and Portable Technicians Enterprise Agreement 2018- 2021 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, brought an application before the Fair Work Commission for the approval of the Chubb Fire Safety Bunbury Portable Extinguishers and Fire Safety (PEFS) and Portable Technicians Enterprise Agreement 2018-2021. The applicants sought to have the agreement made applicable to their employees who are members of the Fire and Emergency Services Union of Australia (FESUA). The dispute centred around the procedural fairness of the application and the agreement's compliance with the relevant statutory provisions.

The primary legal issues the court had to address were whether the application was procedurally fair and whether the agreement complied with the Fair Work Act 2009. The respondents argued that the application was not procedurally fair due to the lack of proper consultation with the employees and the union. They further contended that certain provisions of the agreement did not comply with the statutory requirements, particularly in relation to the classification of roles and the entitlements of the employees.

The Commission found that while there were procedural shortcomings, they did not significantly prejudice the respondents' ability to make an informed response. The Commission concluded that the application was procedurally fair and that the agreement complied with the statutory requirements. The Commission noted that the agreement provided for appropriate classifications and entitlements and that the applicants had made reasonable efforts to consult with the union and employees. The Commission approved the agreement on the basis that it met the necessary criteria under the Fair Work Act.

The final orders included the approval of the Chubb Fire Safety Bunbury PEFS and Portable Technicians Enterprise Agreement 2018-2021, subject to the conditions and modifications outlined in the decision. The agreement was deemed to be applicable to the employees from the date of the decision, and the parties were directed to take all necessary steps to implement the agreement. The Commission's decision provided clarity on the procedural fairness and compliance of the agreement, ensuring that it would operate effectively within the framework of the Fair Work Act.

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