DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire & Security Pty Limited
(AG2017/3863)

CHUBB FIRE SAFETY ACT ELECTRICAL ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 SEPTEMBER 2017

Application for variation of the Chubb Fire Safety ACT Electrical Enterprise Agreement 2014-2017.

[1] An application has been made for approval of a variation to the Chubb Fire Safety ACT Electrical Enterprise Agreement 2014-2017 (the Agreement). The application was made by Chubb Fire & Security Pty Limited 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[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 21 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Chubb Fire & Security Pty Limited to vary certain provisions of the Chubb Fire Safety ACT Electrical Enterprise Agreement 2014-2017. The applicant sought to amend the terms and conditions of employment for employees covered by the agreement. The Commission was tasked with determining whether the proposed variations were fair and reasonable, and whether they met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed variations to the enterprise agreement were fair and reasonable, and whether they met the criteria for approval under section 233 of the Fair Work Act. This involved assessing whether the changes would result in employees being worse off overall and whether the changes were necessary to achieve a significant economic benefit for the employer. The Commission also considered whether the variations provided for appropriate protections for employees, including provisions for consultation, notice, and the right to apply for an unfair dismissal remedy.

The Commission found that the proposed variations were fair and reasonable, and met the criteria for approval. The applicant demonstrated that the variations were necessary to achieve a significant economic benefit and would not result in employees being worse off overall. The variations included provisions for appropriate protections for employees, including provisions for consultation, notice, and the right to apply for an unfair dismissal remedy. The Commission was satisfied that the variations were in the interests of the employees and the employer, and that they would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the variations to the Chubb Fire Safety ACT Electrical Enterprise Agreement 2014-2017, effective from the date of the decision. The variations included changes to the classification and remuneration of certain employees, as well as changes to the conditions of employment, including hours of work, leave entitlements, and shift patterns. The Commission noted that the variations provided for appropriate protections for employees and would promote harmonious, productive, and cooperative workplace relations.

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