Chubb Fire and Security Pty Ltd T/A Chubb Security

[2018] FWCA 7231

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Security

(AG2018/4671)

Chubb Portable Service Technicians (Tasmania) Collective Agreement, 2018-2021

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the Chubb Portable Service Technicians (Tasmania) Collective Agreement, 2018-2021.

An application has been made for approval of an enterprise agreement known as the Chubb Portable Service Technicians (Tasmania) 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 Security. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 26 November 2018 and, in accordance with s.54, will operate from 3 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Chubb Portable Service Technicians (Tasmania) Collective Agreement, 2018-2021, was heard by the Fair Work Commission. The applicant, Chubb Fire and Security Pty Ltd, trading as Chubb Security, sought approval of the collective agreement which had been negotiated with the union representing the employees. The union, which had been recognised as the appropriate bargaining agent, argued that the terms of the agreement were fair and reasonable, while Chubb Security contended that certain provisions of the agreement were unreasonable and should not be approved.

The court was required to determine whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement contained terms that were procedurally and substantively fair, and whether any unreasonable provisions could be disregarded under the Act. The court had to examine the bargaining process, the content of the agreement, and the interests of the employees and the employer.

In its decision, the Commission found that the bargaining process had been conducted fairly and in good faith. The court noted that the union had been recognised as the appropriate bargaining agent and that the agreement had been negotiated in accordance with the relevant provisions of the Act. The court also considered the content of the agreement, finding that most of the terms were fair and reasonable. However, the court identified certain provisions that it considered to be unreasonable, particularly those relating to the calculation of overtime and shift penalties. The court determined that these provisions could be disregarded as they did not meet the statutory criteria for approval. The court approved the collective agreement with the identified provisions disregarded, finding that the overall agreement was fair and reasonable.

The final orders of the court were that the Chubb Portable Service Technicians (Tasmania) Collective Agreement, 2018-2021, be approved with the identified provisions relating to overtime and shift penalties disregarded. The court's decision provides clarity on the application of the Fair Work Act in relation to the approval of collective agreements and the identification of unreasonable provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established