Chubb Fire & Security Pty Ltd

[2013] FWCA 2628

FAIR WORK COMMISSION

DECISION

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

Chubb Fire & Security Pty Ltd
(AG2013/710)

CHUBB FIRE SAFETY SYDNEY AND WOLLONGONG SERVICE DIVISION ELECTRICAL ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 30 APRIL 2013

Application for approval of the Chubb Fire Safety Sydney and Wollongong Service Division Electrical Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Sydney and Wollongong Service Division Electrical Enterprise Agreement 2012 - 2015 (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] An undertaking with respect to clause 43 - Dispute resolution, applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[3] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Agreement covers electrical workers in Sydney and Wollongong who are in the service division and who are performing work engaged in one of the classifications contained in the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[5] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[6] 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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 7 May 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd sought approval of the Chubb Fire Safety Sydney and Wollongong Service Division Electrical Enterprise Agreement 2012 - 2015, which had been negotiated with the Electrical Trades Union of Australia. The Fair Work Commission was the court tasked with considering the application for approval. The central issue before the Commission was whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it facilitated the improved productivity and performance of the enterprise, and whether it was free from any unfair content.

The Commission examined the agreement's provisions, including those concerning wages and conditions, to determine if they fostered productivity and performance. It also assessed whether the agreement contained any elements that could be considered unfair, such as terms that were overly restrictive or detrimental to employees. The Commission found that the agreement did meet the statutory requirements. It concluded that the agreement fostered productivity and performance and did not include any unfair content. The Commission highlighted the agreement's provisions for flexible working arrangements and the establishment of a performance development framework as particularly conducive to improved productivity.

Consequently, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act 2009. The Commission noted that the agreement provided a fair and balanced outcome for both the employer and the employees, and it was consistent with the principles of the Act. The approval of the agreement was finalised, and it was registered on the Register of Approved Agreements. This decision set a precedent for similar agreements in the future, affirming the importance of balancing the interests of both employers and employees while ensuring compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established