Chubb Fire & Security Pty Ltd T/A Chubb Fire

[2022] FWCA 1381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire

(AG2022/938)

Chubb Fire & Security Pty Ltd, Tasmania, Electrical, Collective Agreement 2021 - 2025

Fire fighting services
COMMISSIONER HUNT	BRISBANE, 26 APRIL 2022

Application for approval of the Chubb Fire & Security Pty Ltd, Tasmania, Electrical, Collective Agreement 2021 - 2025

Chubb Fire & Security Pty Ltd T/A Chubb Fire (the Employer) has applied for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd, Tasmania, Electrical, Collective Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The CEPU advised that it has no objection to the undertakings.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The CEPU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire, applied for the approval of the Tasmania, Electrical, Collective Agreement 2021-2025. The applicant sought the approval of the agreement from the Fair Work Commission, as the dispute involved terms and conditions of employment that were subject to the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, particularly concerning the authorisation of the union as a registered organisation, the representation of employees, and the fairness of the terms and conditions outlined in the agreement.

The Commission examined the union's registration status and its capacity to represent the employees, the process by which the agreement was made, and the fairness of the terms and conditions within the agreement. The applicant provided evidence of the union's registration, the process of negotiation, and the agreement's content. The Commission considered whether the union was appropriately authorised to represent the employees and whether the agreement was made in good faith, without any coercion. The fairness of the terms and conditions was assessed in light of the general principles of fairness and the need to avoid undermining the safety net of minimum entitlements provided by the National Employment Standards and award wages.

After considering the evidence and arguments presented, the Commission determined that the union was appropriately authorised to represent the employees and that the agreement was made in good faith. The Commission found that the terms and conditions of the agreement were fair and did not undermine the safety net of minimum entitlements. Consequently, the Commission approved the Tasmania, Electrical, Collective Agreement 2021-2025, effective from 1 April 2021. The approval ensures that the agreement is legally binding on the parties and provides a framework for the terms and conditions of employment for the relevant employees within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established