Chubb Fire & Security Pty Ltd

[2013] FWCA 3298

FAIR WORK COMMISSION

DECISION

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

Chubb Fire & Security Pty Ltd
(AG2013/1218)

CHUBB FIRE & SECURITY PTY LTD SYDNEY PORTABLE TECHNICIAN COLLECTIVE AGREEMENT 2013-2015

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 29 MAY 2013

Application for approval of the Chubb Fire & Security Pty Ltd Sydney Portable Technician Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Sydney Portable Technician Collective Agreement 2013-2015 (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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union (AWU), 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 5 June 2013. The nominal expiry date is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd applied to the Fair Work Commission for approval of the Chubb Fire & Security Pty Ltd Sydney Portable Technician Collective Agreement 2013-2015. The applicants sought to have the agreement approved under the Fair Work Act 2009, which requires that certain conditions be met for a collective agreement to be considered “appropriate” and approved by the Commission. The respondents to the application were various unions representing the employees covered by the agreement.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval. Specifically, the Commission had to determine if the agreement contained all the mandated terms and conditions, and whether it had been negotiated in good faith and was fair and reasonable. The Commission also considered whether the agreement would provide for better working conditions and terms for the employees, and whether it was in the interests of the employees covered by the agreement.

The Commission found that the agreement contained all the mandated terms and conditions and was negotiated in good faith. The Commission also found that the agreement provided for better working conditions and terms for the employees, and was in their interests. The Commission was satisfied that the agreement was fair and reasonable, and approved it under the Fair Work Act 2009.

The Commission made an order approving the Chubb Fire & Security Pty Ltd Sydney Portable Technician Collective Agreement 2013-2015, and the agreement is now legally binding on the parties. The agreement will remain in force until the end of its term, or until it is replaced by a new agreement. The approval of the agreement by the Commission is a significant outcome for both the applicants and the employees, as it provides certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established