Chubb Fire & Security Pty Ltd

[2022] FWCA 2707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2022/3226)

Chubb Fire & Security Pty Ltd ACT Portable Technician Collective Agreement -2022 - 2025

Building services
COMMISSIONER O'NEILL	MELBOURNE, 11 AUGUST 2022

Application for approval of the Chubb Fire & Security Pty Ltd ACT Portable Technician Collective Agreement -2022 - 2025

Chubb Fire & Security Pty Ltd has applied for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd ACT Portable Technician Collective Agreement -2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2022. The nominal expiry date of the Agreement is 4 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Chubb Fire & Security Pty Ltd, an applicant, seeking approval for a collective agreement concerning their portable technicians in the ACT for the period 2022 to 2025. The Fair Work Commission, Australia's workplace relations tribunal, was tasked with deciding whether the proposed agreement should be certified and thus become legally binding on the parties. The legal issues at hand centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether the agreement provided for a fair and efficient system of classifying employees, determining pay and conditions, and whether it complied with procedural fairness. The Commission also had to consider whether the agreement was in the best interest of the employees and the employer.

The Commission evaluated the application based on the provisions of the Fair Work Act and relevant case law. It examined whether the agreement contained necessary provisions for classification, pay, and conditions, and if these provisions were fair and efficient. The Commission also assessed if the process leading to the agreement's formation was fair and if the agreement would benefit the employees. It determined that the proposed agreement was comprehensive and contained all necessary provisions, including those for classification, pay, and conditions. The Commission found that the process leading to the agreement was fair and that the agreement was in the best interest of both employees and the employer.

Accordingly, the Commission approved the Chubb Fire & Security Pty Ltd ACT Portable Technician Collective Agreement for the period 2022 to 2025, certifying it as a registered agreement under the Fair Work Act. The agreement now legally binds the parties and governs the terms and conditions of employment for the portable technicians within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established