DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2019/802)

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

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 APRIL 2019

Application for approval of the Chubb Fire & Security Pty Ltd Sydney Portable Technician Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Sydney Portable Technician Enterprise Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chubb Fire & Security Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] I note that Clause 38 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chubb Fire & Security Pty Ltd, sought approval of the Sydney Portable Technician Enterprise Agreement 2019-2021. The applicant argued the agreement met the criteria for approval under the Fair Work Act 2009. The respondents, including the Shop, Distributive and Allied Employees' Association (SDA) and the National Electrical and Communications Association (NECA), opposed the application, contending the agreement was not in the best interests of the employees it covered. The matter was heard in the Fair Work Commission.

The legal issues before the Commission involved whether the agreement met the statutory criteria for approval. This included assessing if the agreement provided for fair and reasonable terms and conditions, whether it aligned with the national minimum safety net and other relevant laws, and if it was in the best interests of the employees. The Commission also considered the parties' bargaining positions, the nature of the agreement's terms, and the extent to which the agreement provided for genuine consultation and negotiation.

The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees. It was noted that the agreement contained provisions that were not less favourable than the applicable award or the national minimum safety net. The Commission considered the extent of the parties' bargaining power and found that there had been genuine consultation and negotiation between the parties. It was also determined that the agreement was in the best interests of the employees as it provided for reasonable protections and benefits. The Commission approved the agreement, finding it met all the necessary criteria under the Act.

The Commission ordered the approval of the Sydney Portable Technician Enterprise Agreement 2019-2021, effective from 1 January 2019. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement until 31 December 2021. The respondents were directed to pay the applicant's costs of the application.

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