Chubb Fire & Security Pty Ltd Summary

[2014] FWCA 7600

FAIR WORK COMMISSION

DECISION

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

Chubb Fire & Security Pty Ltd
(AG2014/7859)

CHUBB ELECTRONIC SECURITY, NSW AND ACT TECHNICIANS COLLECTIVE AGREEMENT 2014 - 2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 27 OCTOBER 2014

Application for approval of the Chubb Electronic Security, NSW and ACT Technicians Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Electronic Security, NSW and ACT Technicians Collective 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 3 November 2014. The nominal expiry date of the Agreement is 31 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Chubb Fire & Security Pty Ltd, the Fair Work Commission was asked to approve the Chubb Electronic Security, NSW and ACT Technicians Collective Agreement 2014-2017. The dispute involved the determination of the agreement's validity and its application to the relevant employees. The Fair Work Commission, specifically the Deputy President, was the court responsible for making the decision.

The central legal issues before the court involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including compliance with the procedural fairness principles and the relevance of the agreement to the employees' working conditions. The court also needed to determine whether the agreement provided for appropriate minimum rates of pay, leave entitlements, and other conditions of employment, as mandated by the legislation.

The Deputy President concluded that the agreement met the necessary legal standards for approval. The court found that the agreement had been fairly negotiated, with adequate consultation and representation of the employees' interests. Additionally, the agreement was deemed to provide fair and reasonable terms and conditions of employment, meeting the requirements of the Fair Work Act. Consequently, the Deputy President approved the Chubb Electronic Security, NSW and ACT Technicians Collective Agreement 2014-2017.

No further orders were made beyond the approval of the agreement. The court's decision was based on the premise that the agreement was fair and reasonable, and met the statutory requirements for approval under the Fair Work Act 2009.

Chubb Fire & Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established