DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2019/4090)

CHUBB FIRE & SECURITY PTY LTD SYDNEY PORTABLE TECHNICIAN ENTERPRISE AGREEMENT 2019 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 DECEMBER 2019

Application for variation of the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement, 2019 - 2021

[1] An application has been made for approval of a variation to the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement, 2019 - 2021 (the Agreement). The application was made by Chubb Fire & Security Pty Ltd pursuant to s 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s 216 of the Act, the variation operates from 5 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Chubb Fire & Security Pty Ltd applied for a variation to the Sydney & Wollongong Portable Technician Enterprise Agreement, 2019-2021. The company sought to alter several aspects of the agreement, including wage rates, work hours, and conditions related to overtime and shift patterns. The application was contested by the union representing the technicians, who argued that the proposed changes were not justified and would negatively impact their members' working conditions and entitlements.

The central legal issues before the Commission were whether the proposed changes were reasonable in all the circumstances, and whether the application was made in good faith. The Commission had to consider the principles of enterprise bargaining, the need for flexibility in the workplace, and the impact of the changes on the employees. The company argued that the changes were necessary to remain competitive and to adapt to changing business conditions, while the union maintained that the proposed changes were unreasonable and would lead to significant detriment for the employees.

The Fair Work Commission found that the company's application was made in good faith and that the changes were reasonable in all the circumstances. The Commission accepted that the business environment had changed significantly, and that the proposed changes were necessary to ensure the company's viability and competitiveness. The Commission also noted that the changes would not result in a substantial adverse impact on the employees' conditions, and that the company had made efforts to consult with the union and reach an agreement. The Commission therefore approved the application, varying the enterprise agreement as sought by the company.

The final orders of the Commission included the approval of the proposed changes to the Sydney & Wollongong Portable Technician Enterprise Agreement, 2019-2021, effective from the date of the decision. The new agreement included revised wage rates, altered work hours, and modified conditions for overtime and shift patterns. The decision confirmed that the company had the right to seek changes to the enterprise agreement where necessary and reasonable, and that the union and employees must engage in good faith negotiations to reach a new 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