DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2020/250)

CHUBB FIRE & SECURITY PTY LTD REGIONAL QUEENSLAND SPRINKLER FITTER ENTERPRISE AGREEMENT 2020 - 2023

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the Chubb Fire & Security Pty Ltd Regional Queensland Sprinkler Fitter Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Regional Queensland Sprinkler Fitter Enterprise Agreement 2020 - 2023 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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

[4] 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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Chubb Fire and Security Pty Ltd for approval of a regional Queensland sprinkler fitter enterprise agreement spanning the years 2020 to 2023. The application was heard in the Fair Work Commission. The central dispute revolved around whether the proposed agreement complied with the necessary legal standards and whether it was fair and reasonable for the employees covered by the agreement.

The primary legal issues addressed by the court were whether the agreement met the requirements of the Fair Work Act 2009, including the criteria for simplicity, transparency, and fairness. Additionally, the court had to assess whether the agreement provided adequate protections and benefits for the employees while also considering the legitimate needs and interests of the employer.

In delivering the decision, the commission acknowledged the overall fairness of the proposed agreement. The court found that the agreement met the necessary legal standards and was fair and reasonable for the employees. The commission noted the balance achieved between the needs of the employer and the protections provided to the employees. The agreement was deemed to promote simplicity, transparency, and fairness, meeting the requirements of the Fair Work Act 2009. As a result, the commission approved the Chubb Fire & Security Pty Ltd Regional Queensland Sprinkler Fitter Enterprise Agreement 2020-2023.

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