DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2016/1521)

CHUBB FIRE SAFETY NEWCASTLE PORTABLE SERVICE ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Chubb Fire Safety Newcastle Portable Service Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Newcastle Portable Service Enterprise Agreement 2016-2019 (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] 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.

[5] The Australian Workers’ Union 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.

[6] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 15 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Chubb Fire and Security Pty Ltd, trading as Chubb Fire Safety, for the approval of the Chubb Fire Safety Newcastle Portable Service Enterprise Agreement 2016-2019. This agreement was set to cover employees who are portable from the Chubb Fire Safety Newcastle Enterprise Agreement 2012. The dispute centred on whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the proposed agreement adequately provided for the minimum entitlements of the employees, whether it contained mandatory terms, and whether it was in compliance with the provisions of the Fair Work Act 2009. The court had to consider the balance of rights and obligations between the employer and the employees, and ensure that the agreement did not undermine the minimum protections provided by the Act.

The Fair Work Commission found that the proposed agreement did not meet the requirements for approval as it did not adequately provide for the minimum entitlements of the employees. The agreement was found to contain terms that were below the minimum standards set out in the relevant awards and the National Employment Standards. Additionally, the Commission noted that the agreement did not include the mandatory terms that are required by the Fair Work Act 2009. Therefore, the application for approval was dismissed.

The Fair Work Commission's decision was that the Chubb Fire Safety Newcastle Portable Service Enterprise Agreement 2016-2019 did not comply with the Fair Work Act 2009 and therefore could not be approved. The Commission highlighted the need for enterprise agreements to meet the minimum standards set by the Act and to include the mandatory terms that are necessary to protect the rights of employees. This decision serves as a reminder to employers and employees of the importance of ensuring that any proposed enterprise agreements comply with the relevant legislative requirements.

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