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

[2020] FWCA 2024

[2020] FWCA 2024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2020/681)

CHUBB FIRE AND SECURITY SOUTH EAST QUEENSLAND PORTABLE & WORKSHOP TECHNICIAN ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 17 APRIL 2020

Application for approval of the Chubb Fire and Security South East Queensland Portable and Workshop Technician Enterprise Agreement 2020 - 2023.

[1] Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety (the Applicant) has applied for approval of an enterprise agreement known as the Chubb Fire and Security South East Queensland Portable and Workshop Technician Enterprise Agreement 2020 – 2023 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Applicant, and as a result, the Applicant has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s. 190(4) of the Act, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – Queensland Branch (the Union) being a bargaining representative and the views of the employee bargaining representatives regarding the undertakings. No views were expressed by the Union or the employee bargaining representatives relevant to the undertakings.

[3] 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. Pursuant to s. 190 of the Act, I accept the undertakings. In accordance with s. 201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a flexibility clause. Pursuant to s. 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Union has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers that organisation.

[6] Subject to the matters referred to above in paragraphs [3] to [4], I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as are relevant for this application have been met.

[7] The Application is approved and, in accordance with s. 54 of the Act, will operate from 24 April 2020. The nominal expiry of the Agreement is 5 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A.