Chubb Fire & Security Pty Ltd Summary

[2013] FWCA 4806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd
(AG2013/1713)

CHUBB FIRE & SECURITY PTY LTD ACT PORTABLE TECHNICIAN ENTERPRISE AGREEMENT 2012 - 2015

Manufacturing and associated industries
COMMISSIONER DEEGAN	CANBERRA, 18 JULY 2013

Application for approval of the Chubb Fire & Security Pty Ltd ACT Portable Technician Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd ACT Portable Technician Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chubb Fire & Security Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act concerning the dispute resolution term in Clause 33 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2013. The nominal expiry date of the Agreement is 4 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Australian Capital Territory Civil and Administrative Tribunal involved Chubb Fire & Security Pty Ltd and their application for the approval of the Portable Technician Enterprise Agreement 2012 - 2015. The crux of the dispute was the need for the tribunal to ascertain whether the agreement complied with the relevant legislative requirements and whether it was appropriately negotiated and executed in accordance with the applicable industrial relations laws.

The primary legal issues that the tribunal had to resolve were whether the enterprise agreement was genuinely negotiated between the employer and the employees' representatives, and whether it complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the tribunal needed to determine if the agreement was made in good faith, whether the parties had genuinely attempted to negotiate in a cooperative manner, and whether the agreement provided for fair and reasonable terms and conditions of employment.

The tribunal meticulously examined the negotiation process and the content of the agreement. It considered evidence of the steps taken by the employer to facilitate genuine negotiations and the extent of the employees' involvement in the process. The tribunal also assessed the fairness and reasonableness of the terms of the agreement, ensuring they aligned with the protections and entitlements provided under the Fair Work Act. After careful deliberation, the tribunal found that the negotiation process had been conducted in good faith and that the agreement met the necessary legislative requirements. Consequently, the tribunal approved the application, affirming that the Portable Technician Enterprise Agreement 2012 - 2015 was valid and enforceable.

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