Chubb Fire & Security Pty Ltd

[2024] FWCA 645

[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

1. 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

1. 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

1. 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

1. 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

1. 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

1. 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

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