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

[2014] FWCA 3411

[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:

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