Chubb Fire and Security Pty Ltd Summary

[2023] FWCA 1412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire and Security Pty Ltd

(AG2023/1264)

CHUBB FIRE AND SECURITY SOUTH EAST QUEENSLAND PORTABLE AND WORKSHOP TECHNICIAN ENTERPRISE AGREEMENT –2023 - 2026

Fire fighting services
DEPUTY PRESIDENT DEAN	CANBERRA, 19 MAY 2023

Application for approval of the Chubb Fire and Security South East Queensland Portable and Workshop Technician Enterprise Agreement –2023 - 2026.

An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security South East Queensland Portable and Workshop Technician Enterprise Agreement –2023 - 2026 (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 (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 is approved and, in accordance with s.54 of the Act, will operate from 26 May 2023. The nominal expiry date of the Agreement is 5 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Chubb Fire and Security Pty Ltd sought approval of the Chubb Fire and Security South East Queensland Portable and Workshop Technician Enterprise Agreement for the period 2023-2026. The respondents, represented by the Australian Manufacturing Workers’ Union, contested the agreement on the grounds that it did not meet the legal standards for enterprise agreements as outlined in the Fair Work Act 2009. The primary concern was whether the agreement contained the required terms and conditions and whether it was made in good faith and without coercion.

The Commission examined whether the agreement contained all the mandatory terms as required by the Fair Work Act, and whether it was made in accordance with the prescribed process. This included assessing the fairness of the agreement, the extent to which it was made in good faith, and whether it met the criteria for being a single, indivisible, and non-compelled agreement. The Commission also considered whether the agreement provided for a fair and reasonable process for resolving disputes.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met all the necessary requirements. It contained all the mandatory terms, was made in good faith, and complied with the provisions of the Fair Work Act. The Commission was satisfied that the agreement was a genuine enterprise agreement, reflecting the bargaining outcomes of the parties involved. Consequently, the Commission approved the agreement, which will now govern the terms and conditions of employment for the specified period.

Chubb Fire and Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established