Chubb Fire & Security Pty Ltd Summary

[2022] FWCA 1559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2022/1264)

Chubb Fire and ETU Victoria Electrical Enterprise Agreement, 2021 – 2025

Fire fighting services
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MAY 2022

Application for variation of the Chubb Fire and ETU Victoria Electrical Enterprise Agreement, 2021 - 2025

An application has been made for approval of a variation to the Chubb Fire and ETU Victoria Electrical Enterprise Agreement, 2021 - 2025 (the Agreement). The application was made by Chubb Fire & Security Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 8 March 2022. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 16 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Chubb Fire & Security Pty Ltd and the Electrical Trades Union of Victoria. The dispute centres around the variation of the Chubb Fire and Electrical Trades Union Victoria Electrical Enterprise Agreement, 2021 - 2025. The Fair Work Commission (FWC) presided over the matter. The key legal issue that the FWC had to address was whether the proposed variation to the enterprise agreement was justifiable under the Fair Work Act 2009. Specifically, the court needed to determine if the variation was in the interests of the employees and whether it met the requirements for being approved by the FWC.

The FWC considered the arguments presented by both parties, focusing on the economic and operational context in which the proposed changes were to be implemented. The FWC examined whether the changes were necessary to maintain the competitiveness and viability of Chubb Fire & Security Pty Ltd in a changing market environment. The court also assessed whether the changes provided a fair balance between the interests of the employer and the employees. The FWC found that the proposed variation was reasonable and justified, as it was necessary for the business to remain competitive and viable.

After thorough deliberation, the FWC concluded that the variation to the enterprise agreement was in the best interests of both the employer and the employees. The FWC accepted that the changes were necessary for the economic sustainability of the business and that the employees had been adequately consulted and informed about the implications of the changes. The FWC granted the application for variation, thereby approving the changes to the enterprise agreement. The decision ensures that the enterprise agreement is updated to reflect the current economic realities and operational needs of the company, while also maintaining a fair balance of interests for the employees.

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