DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire and Security
(AG2019/4822)

CHUBB FIRE & SECURITY PTY LTD ACT PORTABLE TECHNICIAN COLLECTIVE AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Chubb Fire & Security Pty Ltd ACT Portable Technician Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd ACT Portable Technician Collective Agreement 2019-2022 (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 T/A Chubb Fire and Security. The Agreement is a single enterprise agreement.

[2] 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 4 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Chubb Fire & Security Pty Ltd, trading as Chubb Fire and Security, and its employees. The dispute was regarding the application for approval of the Chubb Fire & Security Pty Ltd ACT Portable Technician Collective Agreement 2019-2022. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues before the Commission were centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it had been genuinely negotiated, was sufficiently detailed, and was likely to ensure better terms and conditions of employment. The Commission also needed to consider the extent to which the agreement would impact on the parties' ability to manage their business and whether it contained provisions that were contrary to the public interest.

The Commission found that the agreement had been genuinely negotiated between the employer and the employees, and it was sufficiently detailed to be considered a genuine collective agreement. The Commission noted that the agreement contained provisions that were necessary to ensure better terms and conditions of employment for the employees, and that it was likely to provide improved job security and better working conditions. The Commission was also satisfied that the agreement did not contain any provisions that were contrary to the public interest. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Chubb Fire & Security Pty Ltd ACT Portable Technician Collective Agreement 2019-2022, finding that it met the necessary requirements under the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established