DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2021/5189)

CHUBB FIRE & SECURITY PTY LTD NSW SPRINKLER FITTER COLLECTIVE AGREEMENT –2020 - 2023

Plumbing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 27 MAY 2021

Application for approval of the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Collective Agreement –2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Collective Agreement –2020 - 2023 (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. The Agreement is a single enterprise agreement.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2021. The nominal expiry date of the Agreement is 5 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Chubb Fire & Security Pty Ltd for the approval of the NSW Sprinkler Fitter Collective Agreement –2020 - 2023. The applicants sought the approval of this agreement which was negotiated between themselves and the relevant union. The dispute centred around whether the proposed agreement met the legal standards for fair work agreements as required by the Fair Work Act 2009.

The legal issues primarily revolved around the compliance of the agreement with the minimum terms and conditions stipulated by the Fair Work Act. Specifically, the court had to consider whether the agreement adequately provided for minimum rates of pay, classification of employees, maximum weekly hours, leave entitlements, and other mandated minimum terms. The court also had to ensure that the agreement did not unfairly disadvantage any party and was negotiated in good faith.

The Fair Work Commission examined the agreement in detail, considering the provisions against the legislative framework. The Commission determined that the agreement contained all the necessary minimum terms and conditions and was fair and reasonable. It found that the agreement was negotiated in good faith and did not contain any provisions that were contrary to the public interest. The Commission approved the agreement on the basis that it met all the legal requirements for a fair work agreement.

The Fair Work Commission approved the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Collective Agreement –2020 - 2023, affirming that it complied with all statutory requirements and was negotiated in good faith. The decision was made considering the comprehensive nature of the agreement and its alignment with the Fair Work Act. This approval ensures that the agreement will govern the employment terms for the relevant period, subject to the legal standards set by the Fair Work Commission.

Chubb Fire & Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established