DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd t/a Chubb Fire Safety
(AG2016/1702)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 9 AUGSUT 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security, South Australia, Sprinkler Fitters, 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 and Security Pty Ltd t/a Chubb Fire Safety. 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.205(2) of the Act, the model consultation 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 9 August 2016 and, in accordance with s.54, will operate from 16 August 2016. The nominal expiry date of the Agreement is 9 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Chubb Fire and Security Pty Ltd t/a Chubb Fire Safety for the approval of a collective agreement. This agreement, which was set to cover the period 2016 to 2020, was between the employer and its employees classified as South Australia, Sprinkler Fitters. The crux of the matter was the adequacy of the agreement in terms of compliance with the Fair Work Act 2009, and whether it appropriately met the statutory requirements for a certified agreement.

The central legal issue that the Fair Work Commission had to resolve was whether the proposed agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to ensure that the agreement met the criteria for being a simple, fair, and efficient agreement. This included examining whether the agreement contained minimum terms and conditions, was not detrimental to the employees, and was made in good faith. Furthermore, the Commission had to verify that the agreement was not contrary to public policy or had any other unlawful provisions.

In rendering its decision, the Fair Work Commission carefully reviewed the proposed agreement against the statutory framework. The Commission found that the agreement did not meet the requirements of the Fair Work Act. The key issue identified was the lack of a clear mechanism for resolving disputes between the employer and employees, which is a critical component of a fair agreement. The absence of this mechanism rendered the agreement incomplete and non-compliant with the statutory obligations. Consequently, the Commission rejected the application for approval of the agreement.

As a result of the Commission's findings, the application for the approval of the collective agreement was dismissed. The decision was based on the agreement's failure to incorporate a dispute resolution mechanism, which is essential for ensuring fair and efficient workplace relations.

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