DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Chubb Fire and Security Pty Ltd T/A Chubb Security
(AG2017/6626)

CHUBB FIRE AND SECURITY PTY LTD QLD ELECTRONIC SECURITY TECHNICIANS ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2018

Application for variation of the Chubb Fire and Security Pty Ltd QLD Electronic Security Technicians Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a variation to the Chubb Fire and Security Pty Ltd QLD Electronic Security Technicians Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Chubb Fire and Security Pty Ltd T/A Chubb Security pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 16 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire and Security Pty Ltd, trading as Chubb Security, applied to the Fair Work Commission for a variation of the Queensland Electronic Security Technicians Enterprise Agreement 2016-2019. The dispute centred on the terms and conditions of employment for electronic security technicians employed by the company. The Commission was tasked with determining whether the proposed changes to the enterprise agreement were in the best interests of the employees and whether the application met the statutory requirements for variations.

The key legal issues before the Commission included whether the application was made in good faith, whether the proposed changes were in the interests of the employees, and whether the application was consistent with the principles of the Fair Work Act 2009. Additionally, the Commission had to consider the impact of the proposed changes on the employees' working conditions, including their pay, hours of work, and other entitlements.

The Fair Work Commission, in its decision, found that the application was made in good faith and that the proposed changes were in the interests of the employees. The Commission determined that the changes would improve the efficiency and effectiveness of the workplace, while also maintaining the overall standard of pay and conditions for the employees. The Commission also found that the application was consistent with the principles of the Fair Work Act 2009, and that the proposed changes would not have an adverse effect on the employees' working conditions.

As a result, the Fair Work Commission approved the variation of the Queensland Electronic Security Technicians Enterprise Agreement 2016-2019, with the new terms and conditions to take effect from the date of the decision. The Commission emphasised that the changes were designed to improve the workplace and ensure that the agreement remained fair and reasonable for all parties involved.

Chubb Fire and Security Pty Ltd T/A Chubb Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established