DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2019/4837)

CHUBB FIRE & SECURITY PTY LTD SAFETY NSW SYSTEMS DIVISION ELECTRICAL COLLECTIVE AGREEMENT 2018 - 2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 FEBRUARY 2020

Application for variation of the Chubb Fire & Security Pty Ltd Safety NSW Systems Division Electrical Collective Agreement 2018 - 2021.

[1] An application has been made for approval of a variation to the Chubb Fire & Security Pty Ltd Safety NSW Systems Division Electrical Collective Agreement 2018 - 2021 (the Agreement). The application was made by Chubb Fire & Security Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] 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.

[4] 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 16 July 2019. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 19 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd applied to the Fair Work Commission to vary the Safety NSW Systems Division Electrical Collective Agreement 2018-2021, which had been registered with the Fair Work Commission. The application sought to modify the agreement's provisions concerning the classification of certain employees and their corresponding rates of pay. The matter was heard by a delegate of the President of the Fair Work Commission.

The legal issues before the Commission involved interpreting the collective agreement and determining whether the proposed changes were consistent with the existing terms and conditions of employment, as well as the broader principles of fairness and good faith bargaining. The Commission had to assess whether the proposed changes were in line with the existing terms and conditions of employment, and whether they adhered to the principles of fairness and good faith bargaining. The application also required the Commission to consider whether the proposed changes would have a significant impact on the employees' working conditions and whether there were any other relevant factors that should be taken into account.

The Commission found that the proposed changes to the collective agreement were consistent with the existing terms and conditions of employment, and that they were in line with the principles of fairness and good faith bargaining. The Commission was satisfied that the changes would not have a significant impact on the employees' working conditions and that there were no other relevant factors that should be taken into account. The application was therefore granted, and the collective agreement was varied as sought by the applicant.

The final orders of the Commission included the variation of the collective agreement as proposed by the applicant, with the changes taking effect from the date of the Commission's decision. The Commission also ordered that the applicant provide a copy of the varied agreement to the relevant union and to the affected employees within a specified timeframe.

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