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

[2014] FWCA 3411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2014/5701)

CHUBB FIRE SAFETY, VICTORIA, PORTABLE SERVICE TECHNICIANS AND THE AUSTRALIAN WORKERS UNION, COLLECTIVE AGREEMENT, 2014-2016

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 22 MAY 2014

Application for approval of the Chubb Fire Safety, Victoria, Portable Service Technicians and the Australian Workers Union, Collective Agreement, 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety, Victoria, Portable Service Technicians and the Australian Workers Union, Collective Agreement, 2014-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety. In accordance with s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[4] The consultation term of the Agreement does not meet the requirements of s.205(1) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term, as set out in Schedule 2.3 of the Fair Work Regulations 2009, is taken to be a term of the Agreement, and replaces clause 42 of the Agreement. The model consultation term is attached to this decision as Attachment B.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety sought the approval of the Fair Work Commission for the Portable Service Technicians and the Australian Workers Union, Collective Agreement 2014-2016. The application for approval was made on the basis that the agreement was a lawful agreement and contained minimum terms and conditions that were no less favourable than those prescribed by the relevant industrial instrument. The applicants argued that the agreement was necessary to ensure that the terms and conditions of employment were fair and reasonable, and that it provided for a streamlined process for resolving any disputes that may arise.

The legal issues before the Commission were whether the agreement was a lawful agreement and whether the minimum terms and conditions contained in the agreement were no less favourable than those prescribed by the relevant industrial instrument. The Commission considered the relevant legislative provisions and the provisions of the agreement to determine whether it was a lawful agreement and whether the minimum terms and conditions were no less favourable than those prescribed by the relevant industrial instrument.

The Commission found that the agreement was a lawful agreement and that the minimum terms and conditions contained in the agreement were no less favourable than those prescribed by the relevant industrial instrument. The Commission noted that the agreement provided for a streamlined process for resolving any disputes that may arise and that the agreement was necessary to ensure that the terms and conditions of employment were fair and reasonable. The Commission was satisfied that the agreement met the requirements of the relevant legislative provisions and approved the agreement.

The Fair Work Commission approved the Portable Service Technicians and the Australian Workers Union, Collective Agreement 2014-2016, subject to certain modifications. The modifications included the removal of certain clauses that were found to be inconsistent with the relevant legislative provisions. The Commission noted that the agreement provided for a streamlined process for resolving any disputes that may arise and that the agreement was necessary to ensure that the terms and conditions of employment were fair and reasonable. The Commission was satisfied that the modified agreement met the requirements of the relevant legislative provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established