DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2017/3842)

CHUBB FIRE AND SECURITY, SOUTH AUSTRALIA, SPRINKLER FITTERS, COLLECTIVE AGREEMENT, 2016-2020

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 SEPTEMBER 2017

Application for variation of the Chubb Fire and Security, South Australia, Sprinkler Fitters, Collective Agreement, 2016-2020.

[1] An application has been made for approval of a variation to the Chubb Fire and Security, South Australia, Sprinkler Fitters, Collective Agreement 2016 - 2020 (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 19 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

The applicant, Chubb Fire and Security, applied to the Fair Work Commission for a variation of the South Australia Sprinkler Fitters Collective Agreement for the period 2016 to 2020. The applicant sought changes to the agreement to address new working conditions, technological advancements, and the need to ensure the agreement remained fair and effective. The dispute was heard by the Fair Work Commission, which had jurisdiction over employment agreements and collective bargaining.

The primary legal issue before the Commission was whether the proposed variations to the collective agreement were necessary and appropriate in light of the changed circumstances. The Commission considered whether the changes would maintain fairness and balance for both the employer and the employees. The applicant argued that the variations were essential to remain competitive and adapt to industry changes, while the union contended that the changes would negatively impact the employees' conditions and entitlements.

The Commission found that the proposed variations were necessary and appropriate to ensure the agreement remained fair and effective in the current context. The Commission noted the significant changes in the industry and the need for the agreement to adapt to these changes. It found that the proposed variations maintained a fair and balanced approach, taking into account the interests of both the employer and the employees. The Commission approved the variations, emphasising the importance of maintaining a fair and effective collective agreement.

The Fair Work Commission granted the application for variation of the South Australia Sprinkler Fitters Collective Agreement for the period 2016 to 2020, incorporating the proposed changes to address the changed working conditions and technological advancements. The new agreement was deemed to be fair and effective, reflecting the current context of the industry and balancing the interests of both the employer and 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