Chubb Fire & Security Pty Ltd

[2024] FWCA 645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2024/151)

CHUBB ELECTRONIC SECURITY PTY LTD NSW AND ACT TECHNICIANS ENTERPRISE AGREEMENT 2023 – 2026

Security services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 16 FEBRUARY 2024

Application for approval of the Chubb Electronic Security Pty Ltd NSW and ACT Technicians Enterprise Agreement 2023 - 2026

Introduction

Chubb Fire & Security Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Chubb Electronic Security Pty Ltd NSW and ACT Technicians Enterprise Agreement 2023 – 2026. (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 16 May 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, apply to the present application. Further, as the Agreement was made on 19 January 2024 the better off overall test requirements in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

National Employment Standards (NES) precedence term

Clause 23.4 of the Agreement provides that “all employees are entitled to two days’ unpaid carer’s leave in accordance with the Fair Work Act 2009.” The NES entitlement at s.102 of the Act provides that an employee is entitled to two days’ unpaid carer’s leave per occasion. I note that in accordance with the NES precedence term in Clause 5.2 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Section 186, 187 and 188

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2024. The nominal expiry date of the Agreement is 31 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved an application for the approval of an enterprise agreement by Chubb Fire & Security Pty Ltd. The application was made under the Fair Work Act 2009. The agreement in question related to the terms and conditions of employment for technicians working for Chubb Electronic Security Pty Ltd in New South Wales and the Australian Capital Territory. The applicants sought the court's approval of the agreement, which was to be in effect from 2023 to 2026.

The court had to determine whether the enterprise agreement met the legal requirements for approval under the Fair Work Act. This involved examining whether the agreement had been made in good faith, whether it contained the necessary minimum terms, and if it had been properly negotiated. Additionally, the court needed to consider whether the agreement would have a direct or indirect effect on the employment of individuals not party to the agreement.

The court found that the enterprise agreement had been negotiated in good faith and contained all the required minimum terms. It concluded that the agreement was fair and appropriate, and it did not adversely affect the employment of non-party employees. The court was satisfied that the agreement met the statutory criteria for approval and granted the application for approval.

The court's approval of the enterprise agreement means that it is now legally binding between the parties. The terms and conditions set out in the agreement will govern the employment of technicians in New South Wales and the Australian Capital Territory for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established