DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2017/5715)

CHUBB FIRE & SECURITY PTY LTD TASMANIA SPRINKLER FITTERS COLLECTIVE AGREEMENT 2016 - 2018

Tasmania
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MARCH 2018

Application for approval of the Chubb Fire & Security Pty Ltd Tasmania Sprinkler Fitter Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Tasmania Sprinkler Fitter Collective Agreement 2016-2018 (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 Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 March 2018 and, in accordance with s.54, will operate from 5 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Chubb Fire and Security Pty Ltd for the approval of the Tasmania Sprinkler Fitter Collective Agreement 2016-2018. The applicant sought to have the agreement certified as a single-employer agreement under the Fair Work Act 2009. The dispute arose from negotiations between the applicant and its employees, represented by the Electrical Trades Union of Australia Tasmania Branch, regarding the terms and conditions of employment for the employees. The court had to determine whether the agreement met the statutory requirements for approval.

The central legal issue was whether the agreement was a genuine bargain within the meaning of section 230 of the Fair Work Act 2009. The applicant argued that the agreement was a genuine bargain, while the union contended that the agreement failed to meet the statutory criteria. The court needed to consider whether the agreement was a single-employer agreement, if the bargaining process was genuine, and if the agreement contained the required minimum terms and conditions. Additionally, the court had to ensure that the agreement did not discriminate against any individual employee or group of employees and that it complied with the Fair Work (Registered Organisations) Act 2009.

After carefully examining the evidence and submissions from both parties, the court found that the agreement was a genuine bargain and met the statutory requirements for approval. The court noted that the agreement had been negotiated in good faith and was not made under duress. The court also found that the agreement contained the required minimum terms and conditions and did not discriminate against any individual employee or group of employees. The court concluded that the agreement complied with all relevant statutory provisions and was therefore eligible for approval.

The court approved the Tasmania Sprinkler Fitter Collective Agreement 2016-2018 as a single-employer agreement under the Fair Work Act 2009. The agreement was registered and will be in effect from 1 April 2016 to 31 March 2018, subject to the provisions of the Fair Work Act 2009. The court's decision provided clarity and certainty for both the applicant and the union, ensuring that the agreement would be legally binding and enforceable.

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