Chubb Fire & Security Pty Ltd Summary

[2013] FWCA 8321

FAIR WORK COMMISSION

DECISION

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

Chubb Fire & Security Pty Ltd
(AG2013/9636)

CHUBB FIRE & SECURITY SERVICES ILLAWARRA PORTABLE SERVICE ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 OCTOBER 2013

Application for approval of the Chubb Fire & Security Services Illawarra Portable Service Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Services Illawarra 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 31 October 2013. The nominal expiry date of the Agreement is30 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Chubb Fire & Security Pty Ltd, the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred around the application for approval of the Chubb Fire & Security Services Illawarra Portable Service Enterprise Agreement 2013-2016. The matter was heard in the Fair Work Commission, a specialist Australian workplace relations tribunal.

The primary legal issue for the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum rates of pay, notice periods, and other essential terms and conditions. The court also needed to determine if the agreement was made in good faith and if it provided for a genuine enterprise bargaining process.

The Commission found that the enterprise agreement was made in good faith and was the result of genuine bargaining between the parties. It was determined that the agreement provided for minimum rates of pay and other essential terms and conditions, as required by the Act. The court noted that the agreement included provisions for notice periods, redundancy payments, and other employment-related matters. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved the enterprise agreement.

The Fair Work Commission approved the Chubb Fire & Security Services Illawarra Portable Service Enterprise Agreement 2013-2016, finding that it was made in good faith, provided for minimum rates of pay and other essential terms and conditions, and complied with the requirements of the Fair Work Act.

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