DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2019/3021)

CHUBB FIRE & SECURITY PTY LTD TASMANIA SPRINKLER FITTERS COLLECTIVE AGREEMENT 2019 - 2021

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Chubb Fire & Security Pty Ltd Tasmania Sprinkler Fitters Collective Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Tasmania Sprinkler Fitters Collective Agreement 2019 - 2021 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 10 September 2019 and, in accordance with s.54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Chubb Fire and Security Pty Ltd and the Tasmanian trade union, the Electrical Trades Union of Australia. The dispute centred on the approval of the Chubb Fire & Security Pty Ltd Tasmania Sprinkler Fitters Collective Agreement 2019 - 2021. This case was heard in the Fair Work Commission, which has jurisdiction to approve, modify, or reject collective agreements to ensure they meet the standards set by the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the collective agreement was made in good faith, met the requirements of the Fair Work Act, and whether it adequately protected the rights of employees. The court also had to consider if the agreement complied with the contemporary standards of fair work and if it provided for the fair treatment of employees in terms of wages, conditions, and dispute resolution mechanisms.

The Fair Work Commission examined the collective agreement clause by clause, ensuring that it adhered to the statutory framework and protected employees' rights. The court determined that the agreement was made in good faith and met the necessary requirements under the Fair Work Act. It was found to provide fair terms and conditions for employees and contained appropriate dispute resolution processes. Consequently, the court approved the collective agreement as it was presented.

The final orders of the court were to approve the Chubb Fire & Security Pty Ltd Tasmania Sprinkler Fitters Collective Agreement 2019 - 2021, with the understanding that all parties involved would adhere to the terms and conditions outlined within the agreement. The court emphasised the importance of maintaining good faith and compliance with the Fair Work Act in future negotiations and dealings.

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