Chubb Fire & Security Pty Ltd

[2024] FWCA 3860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2024/3890)

CHUBB FIRE & SECURITY PTY LTD NSW SPRINKLER FITTER ENTERPRISE AGREEMENT – 2024-2027

Plumbing industry
COMMISSIONER SLOAN	SYDNEY, 4 NOVEMBER 2024

Application for approval of the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Enterprise Agreement – 2024-2027

Chubb Fire & Security Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Enterprise Agreement – 2024-2027 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – NSW Branch (“CEPU”) was a bargaining representative for the Agreement. It supports the application.
On the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The CEPU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the CEPU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 11 November 2024. The nominal expiry date of the Agreement is 1 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Chubb Fire & Security Pty Ltd for approval of their New South Wales Sprinkler Fitter Enterprise Agreement for the period 2024-2027. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The applicant, Chubb Fire & Security Pty Ltd, sought to have the proposed agreement approved as a registered enterprise agreement. The dispute centred on whether the agreement met the requirements of the Fair Work Act and whether it was fair and reasonable for the employees covered by it.

The legal issues before the FWC were whether the agreement contained all the mandated terms and conditions, if it was made without the application of pressure or coercion, and whether it was fair and reasonable in all respects. Specifically, the FWC needed to consider whether the agreement complied with the prescribed minimum standards, whether it was made in good faith, and whether it provided for procedural fairness in its making. The FWC also had to examine if the agreement provided appropriate safeguards for employees, particularly in relation to working conditions, pay, and other entitlements.

In examining the agreement, the FWC found that it included all the mandated terms and conditions and was made without any undue pressure or coercion. The FWC concluded that the agreement was fair and reasonable, as it provided for procedural fairness and appropriate safeguards for the employees. The FWC noted that the agreement included provisions for minimum wage rates, overtime, leave entitlements, and other working conditions, which were in line with the prescribed minimum standards. The FWC also considered the evidence provided by both parties and found that the agreement was made in good faith. As a result, the FWC approved the agreement as a registered enterprise agreement.

The FWC's final order was that the Chubb Fire & Security Pty Ltd NSW Sprinkler Fitter Enterprise Agreement for the period 2024-2027 be approved as a registered enterprise agreement. The agreement will now be registered with the Fair Work Commission and will apply to all employees covered by it. The approval of the agreement will provide certainty and stability for both the employer and employees, as it sets out the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established