DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2014/10316)

CHUBB FIRE & SECURITY PTY LTD SOUTH EAST QUEENSLAND ELECTRICAL ENTERPRISE AGREEMENT 2014 - 2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 JANUARY 2015

Application for approval of the Chubb Fire & Security Pty Ltd South East Queensland Electrical Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd South East Queensland Electrical Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend thetime for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 14 January 2015. The nominal expiry date of the Agreement is 1 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd recently sought approval for the South East Queensland Electrical Enterprise Agreement 2014-2017 from the Fair Work Commission. The application arose from a dispute between the company and its employees regarding the terms and conditions of employment, particularly in the context of electrical work carried out in South East Queensland. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved as a registered enterprise agreement.

The primary legal issue before the Commission was whether the agreement adequately addressed the provisions of section 233 of the Fair Work Act, ensuring it was a genuine enterprise agreement, free from prohibited content, and made in good faith. The Commission had to consider if the agreement contained any provisions that were not genuinely for the purpose of regulating the terms and conditions of employment, and if it had been made in good faith without coercion or undue influence. Additionally, the Commission needed to ensure the agreement was consistent with the fundamental public policy of the Act.

In reaching its decision, the Commission examined the submissions and evidence provided by both Chubb Fire & Security Pty Ltd and the employees. It considered whether the agreement was a genuine enterprise agreement by assessing if the terms and conditions were negotiated in good faith and without any undue influence or coercion. The Commission also ensured that the agreement did not contain any provisions that were contrary to public policy or not genuinely for the purpose of regulating the terms and conditions of employment. After a thorough review, the Commission found that the agreement met all the necessary criteria and did not contain any prohibited content. It was approved as a registered enterprise agreement.

The Fair Work Commission approved the Chubb Fire & Security Pty Ltd South East Queensland Electrical Enterprise Agreement 2014-2017 as a registered enterprise agreement, ensuring it complied with the requirements of the Fair Work Act 2009. The agreement was deemed genuine, free from prohibited content, and made in good faith, thus binding both the company and its employees.

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