Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security Summary

[2017] FWCA 4726

FAIR WORK COMMISSION

Correction to decision

Fair Work Act 2009

s.210—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security

(AG2017/3841)

Chubb Fire and Security Bunbury Sprinkler Fitters Collective Agreement 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 SEPTEMBER 2017

Application for variation of the Chubb Fire and Security Bunbury Sprinkler Fitters Collective Agreement 2016 - 2019

The decision issued by the Fair Work Commission on 11 September 2017 [2017] FWCA 4726 is corrected by wholly replacing paragraph [7] and inserting the following:

[7] In accordance with s.216 of the Act, the variation operates from 11 September 2017.”

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In this case, the Fair Work Commission considered an application for a variation of the Chubb Fire and Security Bunbury Sprinkler Fitters Collective Agreement 2016 - 2019. The applicant, Chubb Fire and Security Pty Ltd trading as Chubb Fire and Security, sought to amend the existing enterprise agreement. The dispute arose within the plumbing industry and was overseen by Deputy President Gostencnik at the Melbourne sitting of the Fair Work Commission.

The central legal issue before the Court was whether the proposed variations to the collective agreement were consistent with the provisions of the Fair Work Act 2009. Specifically, the Court needed to determine whether the changes met the criteria for an "appropriate" variation under section 210 of the Act, and if they could be considered "in the interests of good faith" as required by section 216. The applicant argued that the changes were necessary to address specific operational needs and improve efficiency within the company, while the respondent, representing the employees, contended that the proposed changes would adversely affect the employees' conditions.

The Fair Work Commission, in its decision, carefully examined the proposed variations and considered the implications for both the employer and the employees. The Court concluded that the variations were appropriate and in the interests of good faith, as they did not undermine the fundamental rights and protections afforded to the employees under the existing agreement. The Court found that the changes were necessary to address operational efficiencies and would not have an adverse impact on the employees' conditions. Consequently, the application for variation was granted.

As a result of the Court's decision, the Chubb Fire and Security Bunbury Sprinkler Fitters Collective Agreement 2016 - 2019 was varied as per the application, with the changes coming into effect from the date of the decision, 11 September 2017. The Court's ruling ensured that the variations were implemented in a manner that balanced the interests of both the employer and the employees, maintaining the integrity of the collective bargaining process.

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established