DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2020/2934)

CHUBB FIRE & SECURITY REGIONAL QUEENSLAND PORTABLE TECHNICIAN ENTERPRISE AGREEMENT 2020- 2023

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 23 OCTOBER 2020

Application for approval of the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2020 - 2023.

[1] Chubb Fire & Security Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the three employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from any of the employee bargaining representatives to my chambers.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2020. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The parties involved in the case are Chubb Fire & Security Pty Ltd and the National Electrical and Communications Association (NECA). The dispute revolves around the application for the approval of the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2020-2023. The case was heard in the Fair Work Commission, which is the body responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009.

The primary legal issues the court had to decide were whether the agreement met the requirements of section 230 of the Fair Work Act and whether the agreement was genuinely negotiated. The court had to consider whether the agreement had been made without coercion, whether it contained the minimum terms and conditions as required by the Act, and whether it was an appropriate agreement for the employees involved.

The Fair Work Commission determined that the agreement met all the necessary criteria. The court found that the agreement had been genuinely negotiated and contained all the minimum terms and conditions required by the Fair Work Act. The court also concluded that the agreement was an appropriate one for the employees involved and did not contain any unfair terms. The court approved the agreement, and it came into effect on 1 April 2020.

The final orders of the court were that the Chubb Fire & Security Regional Queensland Portable Technician Enterprise Agreement 2020-2023 be approved and registered. The agreement was to apply to all employees covered by it from the date of registration. The court's decision was based on the evidence presented and the legal framework provided by the Fair Work Act.

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