Chubb Fire & Security Pty Ltd Summary

[2025] FWCA 2902

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2025/2811)

CHUBB FIRE & SECURITY PTY LTD SYDNEY & WOLLONGONG PORTABLE TECHNICIAN ENTERPRISE AGREEMENT 2025 - 2028

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 28 AUGUST 2025

Application for approval of the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement 2025 – 2028.

An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Sydney & Wollongong Portable Technician Enterprise Agreement 2025 – 2028 (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.

The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
In accordance with clause 21 of the Agreement, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Agreement lodged contained a number of cross-referencing errors. The Applicant sought to correct the errors and filed amended Agreement pages. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

I am further satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2025. The nominal expiry date of the Agreement is 28 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chubb Fire & Security Pty Ltd, sought approval of the Sydney & Wollongong Portable Technician Enterprise Agreement 2025-2028. The matter was heard in the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009 (Cth). The applicant argued that the proposed agreement was fair and met the criteria for approval, while no objections were raised by any party.

The primary legal issue for the Commission was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for a safety net of minimum wages and conditions, allowed for flexible working arrangements, and did not undermine the right of employees to be represented by a trade union. Additionally, the Commission assessed whether the agreement had been made in good faith and if it was free from any coercion or undue influence.

In its decision, the Commission found that the proposed agreement met all the necessary criteria. The agreement provided for minimum wages and conditions, allowed for flexible working arrangements, and did not prevent employees from being represented by a trade union. The Commission also determined that the agreement had been made in good faith and was free from any coercion or undue influence. As a result, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the registration of the Sydney & Wollongong Portable Technician Enterprise Agreement 2025-2028, effective from the date of the decision. The agreement is now legally binding on all parties covered by it, and it will govern the terms and conditions of employment for the specified period.

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