DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2020/859)

CHUBB FIRE & SECURITY SERVICES PTY LTD VICTORIAN, PORTABLE SERVICE TECHNICIANS ENTERPRISE AGREEMENT, -2020 - 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 6 APRIL 2020

Application for approval of the Chubb Fire & Security Services Pty Ltd Victorian, Portable Service Technicians Enterprise Agreement, -2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Services Pty Ltd Victorian, Service Technicians Enterprise Agreement, -2020-2022 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 13 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Chubb Fire and Security Pty Ltd trading as Chubb Fire Safety, the applicant sought approval for the Victorian Portable Service Technicians Enterprise Agreement from 2020 to 2022. The application was heard in the Fair Work Commission. The applicant argued that the proposed agreement met the statutory requirements and provided for fair and reasonable terms and conditions for the employees involved.

The legal issues before the Commission involved determining whether the agreement satisfied the criteria for approval under the Fair Work Act 2009. This included assessing if the agreement was a genuine enterprise agreement, if it complied with the procedural requirements, and if it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act.

The Commission found that the agreement met the statutory requirements and was a genuine enterprise agreement. It was concluded that the agreement was fairly and reasonably negotiated between the applicant and the relevant union, and it contained all the necessary minimum terms and conditions. The Commission further found that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions for their employment.

As a result, the Commission approved the Chubb Fire & Security Services Pty Ltd Victorian Portable Service Technicians Enterprise Agreement from 2020 to 2022. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established