Chubb Fire & Security Pty Ltd

Case

[2022] FWCA 2756

15 AUGUST 2022


[2022] FWCA 2756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2022/3233)

Chubb Fire & Security Pty Ltd Sydney and Wollongong Service Division Electrical Enterprise Agreement 2022 - 2025

Electrical contracting industry

COMMISSIONER MATHESON

SYDNEY, 15 AUGUST 2022

Application for approval of the Chubb Fire & Security Pty Ltd Sydney and Wollongong Service Division Electrical Enterprise Agreement 2022 - 2025.

  1. An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Sydney and Wollongong Service Division Electrical Enterprise Agreement 2022 - 2025 (Agreement). The application was made by Chubb Fire & Security Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

  1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

  1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act, I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2022. The nominal expiry date of the Agreement is 28 February 2025.


COMMISSIONER

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