DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2020/486)

CHUBB FIRE & SECURITY PTY LTD BUNBURY ELECTRICAL ENTERPRISE AGREEMENT 2019 - 2022

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 17 MARCH 2020

Application for approval of the Chubb Fire & Security Pty Ltd Bunbury Electrical Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Bunbury Electrical Enterprise 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 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Chubb Fire and Security Pty Ltd, trading as Chubb Fire Safety, sought approval for the Bunbury Electrical Enterprise Agreement 2019 – 2022. The dispute arose when the Australian Manufacturing Workers' Union contested the agreement's terms, arguing they were not in the best interests of the employees. The Commission was tasked with determining whether the agreement complied with the necessary legal standards and if it appropriately represented the employees' interests.

The primary legal issue before the Commission was whether the agreement contained terms that were contrary to the employees' best interests. The Union argued that certain provisions, particularly those related to the classification and pay of employees, did not adequately protect the employees' rights and interests. The Commission needed to assess these provisions against the criteria established in the Fair Work Act 2009, focusing on whether the agreement provided for fair and reasonable terms and conditions of employment.

After reviewing the submissions from both parties and examining the evidence presented, the Commission found that the agreement did not adequately address the concerns raised by the Union. Specifically, the classification and pay provisions were deemed insufficient in protecting the employees' interests. The Commission concluded that the agreement did not meet the criteria for approval under the Fair Work Act, as it failed to provide for fair and reasonable terms and conditions of employment.

As a result, the Commission did not grant approval for the Bunbury Electrical Enterprise Agreement 2019 – 2022. The agreement was found to be contrary to the employees' best interests due to the inadequate provisions regarding classification and pay. The Commission's decision emphasised the importance of ensuring that enterprise agreements adequately protect employees' rights and interests, particularly in relation to classification and remuneration.

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