Chubb Fire & Security Pty Ltd Summary

[2014] FWCA 258

The attached document replaces the document previously issued with the above code on 9 January 2014.

Correcting a typographical error in preamble.

Bronwyn Brown

Associate to DEPUTY PRESIDENT LAWRENCE

Dated 13 January 2014

[2014] FWCA 258

FAIR WORK COMMISSION

DECISION

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

Chubb Fire & Security Pty Ltd
(AG2013/10451)

CHUBB FIRE SAFETY NEWCASTLE PORTABLE SERVICE ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 JANUARY 2014

Application for approval of the Chubb Fire Safety Newcastle Portable Service Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Newcastle Portable Service Enterprise Agreement 2013-2016 (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 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. 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 16 January 2014. The nominal expiry date of the Agreement is 15 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved an application by Chubb Fire & Security Pty Ltd for approval of the Chubb Fire Safety Newcastle Portable Service Enterprise Agreement 2013-2016. The primary dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be registered with the Fair Work Commission. The application was heard in the Australian Industrial Relations Commission, which was tasked with assessing the agreement's compliance with the relevant legislative and regulatory frameworks.

The central legal issues revolved around whether the agreement provided for minimum pay rates, entitlements, and conditions that were at least equal to the relevant awards or higher. Furthermore, the court needed to determine if the agreement was made in good faith and if it adhered to the process requirements stipulated in the Fair Work Act. The validity of the agreement also depended on whether it was certified by an independent person and if it included necessary provisions such as dispute resolution mechanisms.

In reaching its decision, the court examined the provisions of the agreement and the manner in which it was developed. The court found that the agreement provided for terms and conditions that met or exceeded the relevant award standards and contained necessary provisions for dispute resolution. It was also confirmed that the agreement was certified by an independent person and was made in good faith. As a result, the court approved the agreement and determined that it complied with all statutory requirements for registration.

The final orders of the court were that the Chubb Fire Safety Newcastle Portable Service Enterprise Agreement 2013-2016 be approved and registered with the Fair Work Commission. This decision allowed the agreement to take effect and govern the employment conditions of the relevant employees within 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