Chubb Fire & Security Pty Ltd Summary

[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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement between Chubb Fire & Security Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement, covering the Sydney and Wollongong Service Division Electrical Enterprise, was submitted by Chubb Fire & Security Pty Ltd under section 185 of the Fair Work Act 2009 (Cth). The agreement was intended to operate from 22 August 2022, with an expiry date of 28 February 2025. The Union has indicated it wishes to be covered by the agreement, as per section 183 of the Act.

The main legal issues before the Commission were whether the agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 (Cth) and whether it complied with the National Employment Standards (NES). The Commission noted that certain provisions of the agreement appeared to be inconsistent with the NES, but was satisfied that the more beneficial entitlements of the NES would prevail where there was an inconsistency between the agreement and the NES.

The Commission considered the materials submitted and was satisfied that the agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 (Cth) as they related to the approval of the agreement. Pursuant to section 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) was taken to be a term of the agreement. The agreement was approved and would operate from 22 August 2022, as per section 54 of the Act.

The agreement was approved by the FWC and will operate from 22 August 2022, with an expiry date of 28 February 2025.

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