DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2018/654)

CHUBB FIRE & SECURITY REGIONAL QUEENSLAND PORTABLE TECHNICIAN ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2018

Application for approval of the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2017 - 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 and Security Pty Ltd T/A Chubb Fire Safety. 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 lodged contained errors at clause 21. On 19 June 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd, trading as Chubb Fire Safety, applied to the Fair Work Commission for approval of the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2017 - 2020. The dispute involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The court had to determine if the agreement met the criteria for minimum terms and conditions, and if it complied with procedural requirements under the Act.

The legal issues centred on whether the agreement contained the minimum terms and conditions as stipulated in the Fair Work Act, and if the procedural requirements for the approval of an enterprise agreement were satisfied. The court examined whether the agreement was made in good faith and without coercion, and if the proper consultation processes were followed.

The court concluded that the agreement was made in good faith and without coercion, and that the proper consultation processes were followed. The court found that the agreement contained the required minimum terms and conditions and that all procedural requirements had been met. The agreement was approved by the Fair Work Commission.

The Fair Work Commission approved the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2017 - 2020. The decision was made on the basis that the agreement met the requirements of the Fair Work Act and that all procedural steps were properly followed. The approval is effective from the date of the decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established