Chubb Fire & Security Pty Ltd

[2025] FWCA 1869

[2025] FWCA 1869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2025/1613)

CHUBB FIRE & SECURITY PTY LTD NEWCASTLE ELECTRICAL ENTERPRISE AGREEMENT – 2024-2027

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 3 JUNE 2025

Application for approval of the Chubb Fire & Security Pty Ltd Newcastle Electrical Enterprise Agreement - 2024 - 2027

1. Chubb Fire & Security Pty Ltd has applied for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Newcastle Electrical Enterprise Agreement – 2024-2027 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

2. The notice of employee representational rights that was provided to employees appears to be based on an earlier version of the prescribed form, and is not in the form required by regulation 2.05 of the Fair Work Regulations 2009. I consider this to be a minor procedural or technical error of the nature contemplated by section 188(5) of the Act. I am satisfied that the employees are not likely to have been disadvantaged by the error. As a result, I will disregard it.

3. Two terms of the Agreement might be read as being inconsistent with the National Employment Standards. That is:

   (1) Clause 36.1 of the Agreement purports to paraphrase an employee’s entitlement to compassionate leave under the Act. The clause suggests that compassionate leave is limited to circumstances in which a member of an employee’s immediate family or household develops a life-threatening illness or injury, or dies. This does not reflect all of the permissible occasions for which compassionate leave may be taken under section 104(1) of the Act. In particular, the clause does not contemplate compassionate leave in the event that a child is stillborn or where the employee, or the employee’s spouse or de facto partner, has a miscarriage, as provided for in sections 104(1)(b) and (c) of the Act.

   (2)    Clause 44.5.2 of the Agreement provides that on termination of employment, an employee must return to Chubb all of its property, or Chubb may withhold monies due to the employee on termination. This would impermissibly extend to an employee’s NES entitlements.

1. Having noted these matters, clause 4 of the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that the clauses to which I have referred are not applied in a manner contrary to the NES. In raising the issues, it is my intention to ensure that this is the case.

2. Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

3. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was a bargaining representative for the agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers that union.

4. The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 10 June 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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