Chubb Fire & Security Pty Ltd
[2024] FWCA 709
•26 FEBRUARY 2024
| [2024] FWCA 709 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Chubb Fire & Security Pty Ltd
(AG2024/304)
CHUBB FIRE & SECURITY PTY LTD REGIONAL QUEENSLAND VEHICLE FIRE SUPPRESSION ENTERPRISE AGREEMENT –2023 - 2026
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 26 FEBRUARY 2024 |
Application for approval of the Chubb Fire & Security Pty Ltd Regional Queensland Vehicle Fire Suppression Enterprise Agreement –2023 - 2026
Chubb Fire & Security Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Regional Queensland Vehicle Fire Suppression Enterprise Agreement –2023 - 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant identified a typographical error in the title of the Agreement, noting it referred to the date of 2023-2027 notwithstanding that the nominal expiry date is 26 December 2026. It therefore sought a correction to the title of the Agreement to reflect the period of 2023-2026 rather than 2023-2027.
There are a number of conditions precedent necessary for the exercise of discretion under s 218A. Whilst the Commission may amend the Agreement on application by those parties set out in s 218A(2)(b), it may also do so on its own initiative. There must also be an enterprise agreement that is the subject of the application. In the present case the Agreement has not yet been approved however, as noted in Amcor Flexibles (Australia) Pty Ltd[1] that is not a barrier to the use of s 218A. Based on the material before me, I am satisfied that there is an enterprise agreement that is subject to the application under s 218A, the Agreement having been made on 8 February 2024, and that the Applicant has standing to make the application to amend the Agreement. Further, I am satisfied that the typographical error is an obvious error and that I should exercise my discretion to vary the Agreement to substitute the date of 2027 to 2026 in the title of the Agreement. There are no grounds of which I am aware that would tend against the exercise of my discretion to vary the Agreement. An Order[2] will issue concurrently with this decision varying the Agreement such that the title of the Agreement reflects the dates of 2023-2026 rather than 2023-2027.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers' Union (AMWU) (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 26 February 2024 and, in accordance with s 54, will operate from 4 March 2024. The nominal expiry date of the Agreement is 26 December 2026.
DEPUTY PRESIDENT
ANNEXURE A
[1] [2023] FWCA 4368.
[2] PR771723.
Printed by authority of the Commonwealth Government Printer
<AE523638 PR771721>
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