DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire and Security
(AG2017/1469)

CHUBB FIRE & SECURITY PTY LTD NSW SPRINKLER FITTER COLLECTIVE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 17 MAY 2017

Application for approval of the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Collective Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Collective Agreement 2016 - 2020 (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 & Security Pty Ltd T/As Chubb Fire & Security. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 5 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Chubb Fire and Security Pty Ltd trading as Chubb Fire and Security, applied for the approval of the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Collective Agreement 2016 - 2020. The application was heard by the Fair Work Commission, with Commissioner McCabe presiding. The respondent, the Australian Council of Trade Unions (ACTU), did not oppose the application. The agreement was to cover employees who are members of the Electrical Trades Union of Australia and the Shop, Distributive and Allied Employees’ Association.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the requirements for good faith bargaining. The agreement was negotiated between the parties and contained terms and conditions for employment, including wages, hours of work, and other employment-related matters. The Commission needed to ensure that the agreement was fair and reasonable, and that it was made in good faith.

The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The agreement included provisions for minimum wages, penalty rates, and other employment-related matters. The Commission noted that the agreement was negotiated between the parties and that the respondent did not oppose the application. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009.

The Commission approved the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Collective Agreement 2016 - 2020. The agreement will now apply to the employees covered by the agreement, and the terms and conditions set out in the agreement will govern their employment. The Commission’s decision provides clarity for the parties and ensures that the agreement is fair and reasonable for all parties involved.

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