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

Annexure A.

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd, trading as Chubb Fire Safety, applied to the Fair Work Commission for the approval of the Chubb Fire and Security South East Queensland Portable and Workshop Technician Enterprise Agreement 2020-2023. The application involved ensuring that the terms and conditions of the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The legal issues before the court included whether the agreement complied with the procedural requirements for making an enterprise agreement, whether it met the good faith bargaining test, and whether it contained terms that were fair and reasonable in the context of the enterprise. The court also had to consider if the agreement appropriately dealt with the classification of employees and the pay rates and conditions for portable and workshop technicians.

The Fair Work Commission found that the agreement complied with the necessary procedural requirements and was made in good faith. The commission determined that the terms of the agreement were fair and reasonable, taking into account the specific needs and circumstances of the employees involved. The commission approved the agreement, acknowledging that it appropriately addressed the classification of employees and provided for fair pay rates and conditions. The decision was based on the evidence presented and the legal criteria set out in the Fair Work Act 2009.

The Fair Work Commission approved the Chubb Fire and Security South East Queensland Portable and Workshop Technician Enterprise Agreement 2020-2023, effective from 1 March 2020. The approval ensures that the agreement will apply to the relevant employees and employers within the specified period, providing a legally binding framework for their employment terms and conditions.

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

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established