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

Case [2023] FWCA 50
[2023] FWCA 50

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/5356)

CHUBB FIRE & SECURITY PTY LTD BUNBURY ELECTRICAL ENTERPRISE AGREEMENT - 2022 - 2025

Electrical contracting industry

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 9 JANUARY 2023

Application for approval of the Chubb Fire & Security Pty Ltd Bunbury Electrical Enterprise Agreement - 2022 - 2025

  1. An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Bunbury Electrical Enterprise Agreement - 2022 - 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518804  PR749465>

Details
AGLC
Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety [2023] FWCA 50
Case
[2023] FWCA 50
Decision Date

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of an enterprise agreement between Chubb Fire & Security Pty Ltd and the Electrical Trades Union of Australia. The agreement sought to govern the employment terms and conditions of the company's employees in Bunbury, Western Australia, for the period from 2022 to 2025. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it complied with the 'better off overall test'. This test required the Commission to be satisfied that the employees would be no worse off financially under the proposed agreement compared to their existing terms and conditions. Additionally, the Commission had to consider whether the agreement was free from any illegality, coercion, or other unfair practices.

The Fair Work Commission found that the agreement met all the statutory requirements. It included all mandatory terms and conditions, and the employees would not be worse off financially under the new agreement. The Commission also determined that the agreement was not tainted by any illegality or unfair practices. Consequently, the Commission approved the enterprise agreement, confirming its validity and enforceability under the Fair Work Act.

The Commission's final order was that the Chubb Fire & Security Pty Ltd Bunbury Electrical Enterprise Agreement - 2022 - 2025 be approved and registered with the Fair Work Commission, effective from the date of the decision. This decision ensures that the agreement can be implemented and that the employees are bound by its terms and conditions.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.