DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2019/2253)

CHUBB FIRE AND SECURITY PTY LIMITED WESTERN AUSTRALIA PERTH PEFS TECHNICIANS AGREEMENT 2018 - 2022

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 9 JULY 2019

Application for approval of the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2018 - 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chubb Fire & Security Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 5 July 2019.

[3] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involves an application by Chubb Fire & Security Pty Ltd to the Fair Work Commission for approval of the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2018 - 2022. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval to resolve a dispute between the company and its employees. The applicants argued that the proposed agreement would provide a fair and reasonable outcome for both parties, including provisions on wages, working conditions, and dispute resolution mechanisms. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act and whether it provided fair and reasonable terms and conditions for the employees.

The key legal issues before the Commission were whether the proposed agreement satisfied the requirements for approval under section 235 of the Fair Work Act and whether the agreement was a "better off overall test" (BOOT) agreement. The Commission had to determine whether the agreement provided fair and reasonable terms and conditions for the employees, including wages and other benefits, and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission considered whether the agreement complied with the procedural requirements outlined in the Fair Work Regulations 2009, including the need for proper consultation with the employees and the provision of a copy of the proposed agreement to the employees.

The Commission found that the proposed agreement met the criteria for approval under section 235 of the Fair Work Act. It was determined that the agreement provided fair and reasonable terms and conditions for the employees, including wages and other benefits, and included appropriate dispute resolution mechanisms. The Commission noted that the agreement provided for a 17.5% increase in wages over the four-year period, which was considered fair and reasonable. The Commission also found that the agreement complied with the procedural requirements outlined in the Fair Work Regulations, including proper consultation with the employees and the provision of a copy of the proposed agreement. The Commission approved the agreement, finding that it was a BOOT agreement.

The Commission's final orders were that the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2018 - 2022 be approved under section 234 of the Fair Work Act. The agreement was approved as a BOOT agreement, and the Commission's approval was effective from the date of the decision. The agreement would now govern the terms and conditions of employment for the employees covered by the agreement, including wages, working conditions, and dispute resolution mechanisms. The decision provides clarity for both the company and the employees on the terms and conditions of their employment and provides a framework for resolving any future disputes that may arise.

Chubb Fire & Security Pty Ltd

DECISION

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Legal Principle Established