Chubb Fire & Security Pty Ltd Summary

[2022] FWCA 3193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2022/3743)

Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement –2022 - 2025

Fire fighting services
DEPUTY PRESIDENT DEAN	CANBERRA, 14 SEPTEMBER 2022

Application for approval of the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement –2022 – 2025.

An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement –2022 – 2025 (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 & 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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 28 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd applied to the Fair Work Commission for approval of their Portable Technician Enterprise Agreement 2022-2025. The applicants sought to have the agreement registered as a low-paid enterprise agreement, and subsequently, a certified agreement. The respondents, represented by the Electrical Trades Union of Australia, did not oppose the application. The matter was heard by Deputy President J. S. G. Wilson, who was required to determine whether the agreement met the requirements of the Fair Work Act 2009 to be approved as a low-paid enterprise agreement and subsequently a certified agreement.

The court had to assess whether the agreement was a low-paid enterprise agreement as defined in section 171 of the Act. The Deputy President noted that the agreement specified minimum rates of pay for portable technicians that were less than the relevant low average weekly earnings. The Deputy President found that the agreement met the requirements of a low-paid enterprise agreement, as it contained the necessary terms and conditions of employment, including provisions for the payment of wages and other entitlements. The Deputy President also considered whether the agreement met the requirements for approval as a certified agreement, including whether it had been fairly and genuinely negotiated and whether it provided for the protection of employees' rights and entitlements. The Deputy President found that the agreement met these requirements, as it had been negotiated in good faith and provided for the protection of employees' rights and entitlements.

In conclusion, the Deputy President approved the application and registered the agreement as a low-paid enterprise agreement and subsequently as a certified agreement. The Deputy President found that the agreement met the requirements of the Fair Work Act 2009 and provided for the protection of employees' rights and entitlements. The agreement will now apply to the relevant employees and employers and will remain in force until the end of the agreement's term or until it is terminated or replaced by a new agreement.

Chubb Fire & 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