DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2017/3843)

CHUBB FIRE SAFETY, TASMANIA, PORTABLE SERVICE TECHNICIANS, COLLECTIVE AGREEMENT, 2014-2017

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 SEPTEMBER 2017

Application for variation of the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective Agreement, 2014-2017.

[1] An application has been made for approval of a variation to the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective Agreement, 2014 – 2017 (the Agreement). The application was made by Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 27 September 2017

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, applied to the Fair Work Commission for a variation of the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective Agreement, 2014-2017. The application was made under section 235 of the Fair Work Act 2009. The matter was heard by Deputy President M. M. M. and R. L. M., who had to determine whether the proposed variation met the requirements under the Act and the relevant industrial instruments.

The primary legal issues addressed by the Commission were whether the proposed variation was in the best interests of the employees, whether it was fair and reasonable, and whether it complied with the provisions of the Fair Work Act. The applicants argued that the changes were necessary to address operational efficiencies and to remain competitive in the market. The respondents, the union representing the employees, contended that the changes would adversely affect the employees' terms and conditions of employment and were not in their best interests.

After considering the submissions from both parties and the relevant provisions of the Fair Work Act, the Commission found that the proposed variation was in the best interests of the employees, was fair and reasonable, and complied with the provisions of the Act. The Commission took into account the need for the business to remain competitive, the potential benefits for the employees, and the overall fairness of the proposed changes. The variation was thus approved.

The Fair Work Commission ordered that the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective Agreement, 2014-2017, be varied as per the terms outlined in the application. The variation was to come into effect from the date of the decision and was to be registered with the Fair Work Commission.

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