DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2015/4510)

CHUBB FIRE SAFETY BUNBURY PEFS TECHNICIANS ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the Chubb Fire Safety Bunbury PEFS Technicians Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Bunbury PEFS Technicians Enterprise Agreement 2015 - 2018 (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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is 28 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, in its capacity as an employer, filed an application before the Fair Work Commission, seeking approval of the Chubb Fire Safety Bunbury PEFS Technicians Enterprise Agreement 2015-2018. The respondents, represented by the Retail and Fast Food Workers Union, contested the application on several grounds, asserting that the agreement did not meet the necessary standards under the Fair Work Act 2009. The primary dispute centred on the fairness and compliance of the proposed terms and conditions, particularly regarding remuneration and working arrangements.

The central legal issues before the Commission were whether the agreement complied with the procedural requirements outlined in the Fair Work Act and whether the terms of the agreement were fair and reasonable. Specifically, the Commission needed to determine if the agreement satisfied the statutory criteria for modern awards and if it contained all the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission had to consider whether the agreement appropriately addressed the interests of both employees and employers while ensuring procedural fairness throughout the negotiation process.

The Fair Work Commission, after thoroughly examining the evidence and submissions from both parties, concluded that the agreement was procedurally sound and contained all the necessary minimum terms and conditions. The Commission found that the agreement was fair and reasonable, taking into account the nature of the business, the employees' roles, and the broader economic context. The Commission was satisfied that the negotiation process had been fair and that the agreement appropriately balanced the interests of both employers and employees. Consequently, the Commission approved the agreement, acknowledging its compliance with the statutory requirements and its fairness in addressing the needs of the parties involved.

The final orders included the approval of the Chubb Fire Safety Bunbury PEFS Technicians Enterprise Agreement 2015-2018, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and the terms were to apply to the employees covered by the agreement from the specified commencement date.

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