Chubb Fire & Security Pty Ltd Summary

[2014] FWCA 867

FAIR WORK COMMISSION

DECISION

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

Chubb Fire & Security Pty Ltd
(AG2013/11873)

CHUBB FIRE SAFETY PTY LTD SPRINKLER FITTING COLLECTIVE AGREEMENT TASMANIA 2013 - 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2014

Application for approval of the Chubb Fire Safety Pty Ltd Sprinkler Fitting Collective Agreement Tasmania 2013 - 2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Chubb Fire Safety Pty Ltd Sprinkler Fitting Collective Agreement Tasmania 2013 - 2016 (the Agreement). The application was made by Chubb Fire & Security Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 12 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Chubb Fire & Security Pty Ltd, sought approval for the Chubb Fire Safety Pty Ltd Sprinkler Fitting Collective Agreement Tasmania 2013 - 2016. The respondent, the Tasmanian Building and Construction Workers Union, opposed the application on various grounds, including that the agreement contained provisions that were contrary to public policy and not in the best interests of the employees. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether certain provisions in the agreement contravened public policy and whether the agreement was in the best interests of the employees. The Commission considered the nature of the agreement and the provisions in question, including those relating to the definition of an employee, the scope of the agreement, and the terms and conditions of employment. The Commission also considered the public interest in maintaining a safe and healthy workplace and the need to balance the interests of employers and employees.

The Commission found that the provisions in question did not contravene public policy and were in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions of employment, including provisions relating to wages, hours of work, and other employment conditions. The Commission also found that the agreement provided for a mechanism for resolving disputes between employers and employees, which was in the best interests of both parties. The Commission approved the agreement, subject to certain modifications to address the respondent's concerns.

The final orders of the Commission were that the Chubb Fire Safety Pty Ltd Sprinkler Fitting Collective Agreement Tasmania 2013 - 2016 be approved, subject to certain modifications. The modifications included changes to the definition of an employee, the scope of the agreement, and the terms and conditions of employment. The Commission also ordered that the parties negotiate in good faith to resolve any remaining issues and reach a final agreement.

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