Chubb Fire & Security Pty Ltd

[2023] FWCA 1535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2023/1444)

APPLICATION FOR APPROVAL OF THE CHUBB FIRE & SECURITY PTY LTD NEWCASTLE PORTABLE SERVICE ENTERPRISE AGREEMENT 2023 - 2026

Fire fighting services
COMMISSIONER JOHNS	MELBOURNE, 29 MAY 2023

Application for approval of the Chubb Fire & Security Pty Ltd Newcastle Portable Service Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the CHUBB FIRE & SECURITY PTY LTD NEWCASTLE PORTABLE SERVICE ENTERPRISE AGREEMENT 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chubb Fire & Security Pty Ltd. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2023. The nominal expiry date of the Agreement is 15 May 2026.

COMMISSIONER
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CaseChat Overview and Summary

The case before the Fair Work Commission involved Chubb Fire & Security Pty Ltd, an employer, and the National Electrical and Communications Association, a union, concerning the approval of a proposed enterprise agreement. The application for approval was brought under the Fair Work Act 2009, seeking to confirm the terms and conditions of employment for the Newcastle Portable Service Enterprise Agreement 2023-2026. The primary dispute centred on whether the agreement met the criteria for approval as stipulated in the Act, particularly regarding procedural fairness and whether the agreement was in the best interests of the employees.

The central legal issue before the Commission was whether the agreement, as presented, was fairly and properly negotiated and if it complied with the procedural requirements for approval. This involved assessing the bargaining process, the terms of the agreement, and whether there were any breaches of the Act or its regulations. Additionally, the Commission had to determine if the agreement was in the best interests of the employees, considering the balance of rights and obligations and whether it provided fair and reasonable terms.

In its decision, the Commission examined the evidence provided by both parties, including witness testimonies and documentation of the bargaining process. The Commission found that the agreement was indeed the result of genuine and fair bargaining processes and met all statutory requirements. The Commission confirmed that the agreement was not only procedurally sound but also contained terms that were in the best interests of the employees, taking into account their rights, obligations, and overall welfare. The Commission concluded that the agreement was fair and reasonable, and approved it accordingly.

As a result of the Commission's findings, the application for approval of the Chubb Fire & Security Pty Ltd Newcastle Portable Service Enterprise Agreement 2023-2026 was granted. The approved agreement will now govern the employment conditions of the employees for the specified period, subject to the terms and conditions outlined in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established