Chubb Fire & Security Pty Ltd T/A Chubb Electronic Security

[2021] FWCA 6448

[2021] FWCA 6448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Electronic Security
(AG2021/7874)

CHUBB ELECTRONIC SECURITY NSW AND ACT TECHNICIANS COLLECTIVE AGREEMENT 2020-2023

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 27 OCTOBER 2021

Application for approval of the Chubb Electronic Security NSW and ACT Technicians Collective Agreement 2020 - 2023

[1] Chubb Fire & Safety Pty Ltd (the Employer) has applied for the approval of an enterprise agreement known as Chubb Electronic Security NSW and ACT Technicians Collective Agreement 2020-2023. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Form F16 Application

[2] At question 1.2 of the Form F16 Application, the Employer identified the name of the Agreement as the “Chubb Electronic Security NSW and ACT Technicians Enterprise Agreement 2020-2023” (emphasis added). In a conference before the Commission, the Employer submitted that the Form F16 Application contained a typographical error at question 1.2, and that the title of the Agreement is as set out in clause 1 of the Agreement.

[3] Taking into consideration the submissions made during the conference, I consider it appropriate in the circumstances to allow an amendment of the Form F16 Application in respect to the name of the Agreement and do so pursuant to s.586 of the Act.

Notice of Employee Representational Rights

[4] The notice of employee representational rights referred to the name of the proposed enterprise agreement as the Chubb Electronic Security NSW and ACT Technicians Collective Agreement, omitting the reference to 2020-2023. In a conference before the Commission, the Employer submitted this was a typographical error.

[5] I am satisfied having regard to the Employer’s submission, the materials filed, and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others (Huntsman), 1 that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Sections 186, 187 and 188

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Approval

[7] The Agreement is approved and, in accordance with s.54(1)(b) of the Act and clause 4.1 of the Agreement, will operate from 10 November 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

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 1   [2019] FWCFB 318.