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

[2021] FWCA 6098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire
(AG2021/7484)

CHUBB FIRE & SECURITY PTY LTD BUNBURY VEHICLE FIRE SUPPRESSION AND FIRE TECHNICIANS ENTERPRISE AGREEMENT 2021 - 2024

Fire fighting services
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 OCTOBER 2021

Application for approval of the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression and Fire Technicians Enterprise Agreement 2021 - 2024

[1] An application has been made for approval of an enterprise agreement to be known as the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression and Fire Technicians Enterprise Agreement 2021 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Chubb Fire & Security Pty Ltd T/A Chubb Fire (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 30 September 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2021. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Chubb Fire & Security Pty Ltd, trading as Chubb Fire, applied for the approval of the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression and Fire Technicians Enterprise Agreement 2021-2024. The dispute arose in the context of the Fair Work Act 2009, which governs the terms and conditions of employment in Australia, and the Fair Work (Registered Organisations) Act 2009. The primary issue before the Commission was whether the proposed enterprise agreement complied with the legal requirements for approval, including whether it met the criteria for better off overall and in all respects, and if it was made in good faith.

The Commission considered whether the agreement contained all the mandated terms and conditions, and if it met the threshold of being better off overall and in all respects for the employees. The Commission also examined if the agreement was made in good faith, considering the bargaining process and the interests of both the employer and the employees. Chubb Fire argued that the agreement was fair and reasonable, and that it provided a better outcome for the employees, including improved pay rates, benefits, and working conditions. The employees, represented by the Electrical Trades Union of Australia, contended that the proposed terms did not sufficiently address their needs and did not represent a genuine improvement in their conditions.

After reviewing the submissions and evidence from both parties, the Commission determined that the proposed enterprise agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was better off overall and in all respects. The Commission also concluded that the agreement was made in good faith, taking into account the bargaining process and the interests of both parties. Consequently, the Commission approved the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression and Fire Technicians Enterprise Agreement 2021-2024, which will now govern the employment terms and conditions for the relevant employees for the specified period.

Chubb Fire & Security Pty Ltd T/A Chubb Fire

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established