DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Chubb Fire & Security Pty Limited
(AG2017/3231)

CHUBB FIRE AND SECURITY SOUTH AUSTRALIA PEFS TECHNICIANS ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 28 AUGUST 2017

Application for termination of the Chubb Fire and Security South Australia PEFS Technicians Enterprise Agreement 2012-2015.

[1] On 2 August 2017, Chubb Fire and Security Pty Limited made an application to terminate the Chubb Fire and Security South Australia PEFS Technicians Enterprise Agreement 2012-2015 (the Agreement) under s.225 of the Fair Work Act (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Act and having considered and being satisfied as to each of the matter contained in s.226 of the Fair Work Act 2009,the Agreement is terminated.

[3] The termination will come into effect from 28 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chubb Fire & Security Pty Limited, sought the termination of the Chubb Fire and Security South Australia PEFS Technicians Enterprise Agreement 2012-2015. The dispute was heard by the Fair Work Commission. The main legal issue before the Commission was whether the application met the criteria for termination under section 234 of the Fair Work Act 2009. Specifically, the Commission needed to determine if there had been a significant change in circumstances that justified the termination of the enterprise agreement. The applicant argued that the changes in the operational environment and the market conditions necessitated a revision of the existing terms and conditions.

The Commission evaluated the evidence presented by both parties, considering factors such as the economic landscape, technological advancements, and the evolving nature of the industry. The applicant contended that the existing enterprise agreement no longer reflected the realities of the current business environment, while the respondent argued that there had not been a substantial change warranting the termination of the agreement. The Commission found that while there had been some changes in the industry, they did not amount to a significant change in circumstances that would justify terminating the existing enterprise agreement. Consequently, the application for termination was dismissed.

In its decision, the Commission highlighted the importance of maintaining stability in enterprise agreements, particularly when changes in the business environment do not reach the threshold of a significant change. The Commission emphasised the need for parties to engage in good faith negotiations to address any concerns arising from changes in circumstances. The final orders of the Commission were that the application for termination of the enterprise agreement was dismissed, and both parties were directed to continue their negotiations in good faith.

Chubb Fire & Security Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established