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

[2023] FWCA 1888

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 Australia

(AG2023/1895)

CHUBB FIRE AND SECURITY PTY LIMITED DINGLEY WAREHOUSING AND PRODUCTION (SUPPLY CHAIN) EMPLOYEES AGREEMENT 2023 - 2026

Storage services
DEPUTY PRESIDENT WRIGHT	SYDNEY, 26 JUNE 2023

Application for approval of the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2023 - 2026

Introduction

Chubb Fire & Security Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2023 - 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Section 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire Australia, applied to the Fair Work Commission (FWC) for approval of the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2023 - 2026. The agreement was made between the employer and the employees covered by the agreement, which included warehousing and production employees at the Dingley site. The application for approval came before the Commission to ensure the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the Fair Work Act, including provisions on minimum entitlements, lawful terms and conditions, and the process of making the agreement. The Commission had to consider if the agreement covered all required terms, provided for fair and reasonable minimum terms, and if it was made without any coercion or undue influence. The Commission also needed to ensure that the agreement was made in good faith and covered all necessary aspects of employment.

The Commission examined the agreement thoroughly and found that it met all the necessary requirements under the Fair Work Act. It was concluded that the agreement provided for fair and reasonable minimum terms and conditions, included all required provisions, and was made without any coercion. The Commission approved the agreement, noting that it provided a fair framework for the employment relationship between the parties. The approval ensures that the agreement is legally binding and enforceable, providing clarity and certainty for both the employer and the employees.

The Fair Work Commission approved the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2023 - 2026, effective from the date of the decision. This decision provides legal certainty and sets the terms and conditions of employment for the specified period. The approval ensures that both parties are bound by the terms of the agreement, promoting a fair and reasonable working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established