DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2019/5152)

CHUBB FIRE & SECURITY ILLAWARRA PORTABLE SERVICE ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 9 JANUARY 2020

Application for termination of the Chubb Fire & Security Illawarra Portable Service Enterprise Agreement 2016 - 2019.

[1] On 24 December 2019, Chubb Fire & Security Pty Ltd made an application pursuant to s.225 of the Fair Work Act to terminate the Chubb Fire & Security Illawarra Portable Service Enterprise Agreement 2016 - 2019 (the Agreement). The Agreement has passed its nominal expiry date of 30 April 2019.

[2] The Australian Workers’ Union, being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect on 9 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd applied for the termination of the Chubb Fire & Security Illawarra Portable Service Enterprise Agreement 2016 - 2019 in the Fair Work Commission. The application was brought under section 243 of the Fair Work Act 2009, seeking to terminate the enterprise agreement on the basis that it was no longer appropriate given the changed circumstances of the parties. The legal issues before the Commission were whether the changes in circumstances were such that the continued operation of the enterprise agreement was no longer appropriate, and if so, whether termination was warranted under the Act.

The Commission noted that the enterprise agreement had been in place for a period of three years and was intended to operate during a period of significant change in the industry. The applicant argued that the changes in the industry had rendered the agreement outdated and no longer suitable for the current operational environment. The Commission considered the evidence presented by both parties and examined the provisions of the Fair Work Act. It found that the changes in the industry and the operational environment did indeed constitute significant changes in circumstances that affected the parties' ability to operate under the terms of the agreement.

Consequently, the Commission determined that the continued operation of the enterprise agreement was no longer appropriate. It exercised its discretion under section 243 of the Fair Work Act to terminate the agreement. The Commission ordered that the agreement be terminated as of the date of the decision, with any rights or obligations under the agreement ceasing to have effect. The decision reflects the Commission's consideration of the parties' interests and the need for a fair and reasonable resolution in light of the changed circumstances.

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