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

[2022] FWCA 4295

[2022] FWCA 4295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4995)

Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2022 - 2025

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 7 DECEMBER 2022

Application for approval of the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2022 - 2025.

1. Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (the Employer) has made an application for approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2022 - 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

1. 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.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 7 December 2022 and, in accordance with s.54, will operate from 14 December 2022. The nominal expiry date of the Agreement is 31 July 2025.

COMMISSIONER

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