DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2015/276)

CHUBB FIRE SAFETY, WESTERN AUSTRALIAN, PORTABLE SERVICE AND WORKSHOP TECHNICIANS COLLECTIVE AGREEMENT, 2014 -2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MARCH 2015

Application for approval of the Chubb Fire Safety, Western Australian, Portable Service and Workshop Technicians Collective Agreement, 2014 -2017.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety, Western Australian, Portable Service and Workshop Technicians Collective Agreement, 2014 -2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 13 March 2015 and, in accordance with s.54, will operate from 20 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd applied to the Fair Work Commission for approval of the Chubb Fire Safety, Western Australian, Portable Service and Workshop Technicians Collective Agreement, 2014-2017. The application was opposed by the Electrical Trades Union of Australia. The central issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 (Cth) for a registered agreement. In particular, the Commission had to determine if the agreement contained all the necessary terms and conditions, and if it was free from prohibited content.

The Commission examined the proposed agreement clause by clause, ensuring that it covered all mandatory terms and conditions as stipulated by the Fair Work Act. It found that the agreement was comprehensive and contained all necessary provisions, including those related to remuneration, hours of work, and leave entitlements. The Commission also confirmed that the agreement did not contain any provisions that were prohibited by the Act, such as those that undermined the right to freedom of association or that allowed for the payment of less than the minimum award rates. Given these findings, the Commission approved the agreement, noting that it provided a fair and reasonable framework for the employment of the relevant workers.

The Commission's decision was grounded in a thorough analysis of the agreement's provisions and the relevant legislative framework. By confirming that the agreement met all the necessary criteria, the Commission ensured that the rights and protections of the employees were upheld. The approval of the agreement signifies a balanced approach to industrial relations, recognising the need for flexibility in agreements while ensuring that workers' rights are not compromised. The final orders of the Commission included the approval of the Chubb Fire Safety, Western Australian, Portable Service and Workshop Technicians Collective Agreement, 2014-2017, subject to the terms and conditions set out in the agreement.

Chubb Fire & Security Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established