DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2020/1726)

CHUBB FIRE AND SECURITY PTY LTD BUNBURY SPRINKLER FITTERS COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
COMMISSIONER WILLIAMS	PERTH, 14 JULY 2020

Application for approval of the Chubb Fire and Security Pty Ltd Bunbury Sprinkler Fitters Collective Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Pty Ltd Bunbury Sprinkler Fitters Collective Agreement 2019 - 2022 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2020. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

The applicant, Chubb Fire and Security Pty Ltd trading as Chubb Fire Safety, applied to the Fair Work Commission for approval of the Bunbury Sprinkler Fitters Collective Agreement 2019-2022. The respondents to the application were the Australian Manufacturing Workers' Union and the National Electrical and Communications Association. The dispute centred on the procedural fairness of the application process, particularly whether the applicant had adequately consulted with the respondents before submitting the application for approval. The matter was heard in the Fair Work Commission, a specialist tribunal with jurisdiction over employment and workplace relations matters in Australia.

The primary legal issue before the Commission was whether the applicant had complied with the mandatory requirements of section 230 of the Fair Work Act 2009, which mandates genuine and meaningful consultation with relevant parties before making an application for approval of a new agreement. The Commission needed to determine if the applicant's consultation process met the statutory criteria, particularly whether it was genuine, meaningful, and conducted in good faith. The Commission also considered whether the applicant had provided sufficient information to the respondents to enable informed consultation.

The Fair Work Commission found that the applicant had not engaged in genuine and meaningful consultation with the respondents, as required by the Fair Work Act. The Commission determined that the applicant had not provided the respondents with adequate information to allow for informed consultation and that the consultation process did not meet the statutory requirements. The Commission further found that the applicant had not acted in good faith, as it had failed to provide the respondents with sufficient information to enable them to make meaningful contributions to the negotiation process. Consequently, the Commission rejected the application for approval of the collective agreement.

The Fair Work Commission's decision resulted in the rejection of the application for approval of the Bunbury Sprinkler Fitters Collective Agreement 2019-2022. The Commission's determination underscored the importance of genuine and meaningful consultation in the context of collective bargaining and highlighted the need for employers to comply with the statutory requirements set out in the Fair Work Act. This decision serves as a reminder to employers of the importance of engaging in good faith negotiations and providing adequate information to relevant parties before submitting applications for approval of new agreements.

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

DECISION

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