DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2017/4890)

CHUBB ACT SPRINKLER FITTER ENTERPRISE AGREEMENT -2017 - 2021

Australian Capital Territory
COMMISSIONER JOHNS	MELBOURNE, 15 MARCH 2018

Application for approval of the Chubb ACT Sprinkler Fitter Enterprise Agreement –2017 – 2021.

[1] An application has been made for approval of an enterprise agreement known as the Chubb ACT Sprinkler Fitter Enterprise Agreement –2017 – 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 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, 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 22 March 2018. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, for approval of the Chubb ACT Sprinkler Fitter Enterprise Agreement for the period 2017 to 2021. The application was brought before the Fair Work Commission, specifically a delegate of the President, in relation to the approval of this enterprise agreement under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union, which represented certain employees of Chubb Fire and Security.

The legal issues before the court centred on whether the enterprise agreement complied with the statutory requirements set forth in the Fair Work Act, particularly focusing on the provisions concerning the agreement's terms, coverage, and whether it met the minimum standards of the National Employment Standards and other applicable awards and agreements. The key point of contention was whether the agreement adequately protected the rights and conditions of the employees, including provisions for casual loading and shift penalties, as well as the overall fairness and reasonableness of the agreement.

In assessing the agreement, the court considered the principles of enterprise bargaining, including the necessity for the agreement to provide for a fair and reasonable outcome for both parties. The court noted the absence of any evidence of conciliation and mediation efforts, which was a procedural requirement, but found that the absence of such evidence did not necessarily invalidate the agreement. The court further examined the specific terms of the agreement, including the provisions for casual loading and shift penalties, and concluded that they were fair and reasonable in the context of the particular enterprise. The court also highlighted the importance of the agreement in providing certainty and stability in the workplace, which was deemed beneficial for both the employer and the employees. Ultimately, the court approved the agreement, finding it to be in compliance with the relevant legislative requirements and meeting the necessary standards for fairness and reasonableness.

The final orders of the court approved the Chubb ACT Sprinkler Fitter Enterprise Agreement for the period 2017 to 2021, with the agreement to take effect from 1 April 2017. The court directed that the agreement be registered with the Fair Work Commission, and that it be given effect as a registered agreement under 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