Chubb Fire & Security Pty Ltd Summary

[2022] FWCA 3987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd

(AG2022/4316)

Chubb Fire & Security Pty Ltd Perth Electrical Enterprise Agreement––2022 - 2025

Electrical contracting industry
COMMISSIONER SCHNEIDER	PERTH, 14 NOVEMBER 2022

Application for approval of the Chubb Fire & Security Pty Ltd Perth Electrical Enterprise Agreement––2022 - 2025

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 Perth Electrical Enterprise Agreement––2022 - 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

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 sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 6.2 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Chubb Fire & Security Pty Ltd sought approval for an enterprise agreement with its electrical employees in Perth, intended to cover the period from 2022 to 2025. The applicants argued that the proposed agreement was in the best interests of the employees and the company, while the respondents raised concerns regarding certain provisions, particularly those relating to wages and working conditions.

The central legal issues before the Commission involved whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it met the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement balanced the interests of both the employer and the employees, and whether it was consistent with the principles of the modern industrial relations system.

The Commission carefully examined the evidence presented by both parties and considered the broader context of industrial relations in the electrical industry. It determined that the agreement contained provisions that were fair and reasonable, and that it was made in good faith. The Commission concluded that the agreement met the statutory requirements and was in the best interests of the employees. The Fair Work Commission approved the proposed enterprise agreement, subject to certain modifications to address the respondents' concerns.

The final orders of the Commission required Chubb Fire & Security Pty Ltd to implement the approved enterprise agreement, with the modifications made to address the respondents' concerns, and to ensure that it complied with the Fair Work Act 2009. The agreement was to be in effect from the date of the decision, and both parties were required to take steps to facilitate its implementation. The Commission also directed the parties to notify the Commission of any disputes arising from the agreement within the specified timeframes.

Chubb Fire & Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established