DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2019/4780)

CHUBB FIRE SAFETY PERTH ELECTRICAL ENTERPRISE AGREEMENT - 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 JANUARY 2020

Application for approval of the Chubb Fire Safety Perth Electrical Enterprise Agreement-2018 - 2022.

[1] Chubb Fire & Security Pty Ltd has made an application for the approval of an enterprise agreement known as the Chubb Fire Safety Perth Electrical Enterprise Agreement - 2018 - 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation(s), I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 14 January 2020 and, in accordance with s 54, will operate from 21 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd applied for the approval of the Chubb Fire Safety Perth Electrical Enterprise Agreement-2018 - 2022. The application was heard by the Fair Work Commission. The nature of the dispute involved the proposed agreement's terms and conditions, and the question of whether it met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement was procedurally and substantively valid. This included examining whether the agreement was made in good faith, whether it complied with the relevant provisions of the Fair Work Act, and whether it was fair and reasonable in all the circumstances. The Commission also needed to consider whether the agreement provided adequate protections for employees, including those in relation to wages, hours of work, and other conditions of employment.

The Commission found that the proposed agreement was procedurally valid, as it had been made in good faith and followed the necessary procedures. The Commission also found that the agreement was substantively valid, as it provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a number of protections for employees, including minimum wage rates, provisions for overtime and penalty rates, and provisions for leave. The Commission was satisfied that the agreement was fair and reasonable in all the circumstances, and approved the Chubb Fire Safety Perth Electrical Enterprise Agreement-2018 - 2022.

The Fair Work Commission approved the Chubb Fire Safety Perth Electrical Enterprise Agreement-2018 - 2022, finding that it was procedurally and substantively valid. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and provided adequate protections for employees. The approval of the agreement means that it will now be legally binding on both the employer and employees covered by the agreement.

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