DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Chubb Fire & Security Pty Limited
(AG2017/3229)

CHUBB FIRE SAFETY PILBARA ELECTRICAL COLLECTIVE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 15 AUGUST 2017

Application for termination of the Chubb Fire Safety Pilbara Electrical Collective Agreement 2013-2016.

[1] On 2 August 2017, Chubb Fire & Security Pty Limited made an application to terminate the Chubb Fire Safety Pilbara Electrical Collective Agreement 2013-2016 (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 matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 15 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Chubb Fire & Security Pty Limited, applied for the termination of the Chubb Fire Safety Pilbara Electrical Collective Agreement 2013-2016. The dispute centred on whether the conditions of the agreement could be altered or terminated, particularly in light of changes in the operational context of the company. The Commission was tasked with determining if the application met the criteria for termination under the Fair Work Act 2009.

The central legal issue was whether the application satisfied the requirements for termination of the collective agreement. Specifically, the Commission needed to assess if the changes in the operational environment of Chubb Fire & Security Pty Limited justified a departure from the existing agreement. Additionally, the Commission had to consider whether the application process complied with the statutory provisions and if the termination would result in a better outcome for the employees and the employer.

The Commission found that the applicant had not adequately demonstrated that the termination of the agreement would lead to a better outcome for the employees and the employer. The applicant had not presented sufficient evidence to justify the termination based on changes in the operational environment. Furthermore, the Commission concluded that the application did not meet the legal criteria for termination as outlined in the Fair Work Act 2009. Consequently, the application for termination was dismissed.

No further orders were made by the Commission as the application was dismissed on the basis that it did not meet the statutory criteria for termination of the collective agreement.

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