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

[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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, sought approval for the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2022-2025. The applicant, an employer, and the respondents, employee representatives, were unable to reach an agreement on the terms of the enterprise agreement. The dispute centred on various provisions of the proposed agreement, including pay rates, classification, and other conditions of employment for technicians within the Western Australia Perth region.

The Commission was tasked with determining whether the proposed agreement met the requirements under the Fair Work Act 2009 for approval and registration. This involved assessing if the agreement was "better off overall" for the employees, free from any prohibited content, and whether it was made in good faith. The Commission also had to consider the process through which the agreement was made, including the extent of employee involvement and consultation.

In its decision, the Commission found that the proposed agreement met the necessary criteria for approval. It determined that the agreement was made in good faith, provided fair and reasonable terms for the employees, and was free from any prohibited content. The Commission also considered the evidence presented regarding the consultation process, concluding that it was appropriate and sufficient. As a result, the Commission approved and registered the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2022-2025, effective from the date of the decision.

The Commission's final order was that the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2022-2025 be approved and registered under section 176 of the Fair Work Act 2009. This decision resolved the dispute between the parties and established the terms of employment for the technicians within the specified region for the duration of the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established