DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety
(AG2019/939)

CHUBB FIRE & SECURITY PTY LTD, TASMANIA, ELECTRICAL, COLLECTIVE AGREEMENT 2018 -2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 14 MAY 2019

Application for approval of the Chubb Fire & Security Pty Ltd, Tasmania, Electrical, Collective Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd, Tasmania, Electrical, Collective Agreement 2018 - 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.

[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] 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 is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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 & Security Pty Ltd, Tasmania, Electrical, Collective Agreement 2018 - 2021. The application was made under the Fair Work Act 2009. The dispute centred on the provisions of the proposed agreement, specifically the clause concerning the employment of agency workers. The applicants argued that the clause was necessary to ensure business continuity and to provide flexibility in staffing, while the respondents contended that the clause would undermine job security and lead to wage suppression.

The Fair Work Commission considered whether the clause was reasonably necessary to achieve a fair and efficient outcome for the employees, in line with the principles set out in the Fair Work Act. The Commission examined the nature of the business, the role of agency workers, and the potential impact of the clause on job security and wages. After weighing these factors, the Commission concluded that the clause was reasonably necessary to achieve a fair and efficient outcome, given the specific circumstances of the business. The Commission found that the clause did not unfairly disadvantage the employees and approved the collective agreement.

The Fair Work Commission's decision was grounded in the specific context of the business, recognising the need for flexibility in staffing while ensuring that the clause did not undermine job security or lead to wage suppression. The Commission's approval of the collective agreement was based on a balanced consideration of the interests of both the applicants and the respondents. The final orders confirmed the approval of the Chubb Fire & Security Pty Ltd, Tasmania, Electrical, Collective Agreement 2018 - 2021, effective from 1 April 2018.

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