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

[2022] FWCA 2090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1941)

Chubb ACT Sprinkler Fitter Enterprise Agreement - 2022 - 2025

Plumbing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 JUNE 2022

Application for approval of the Chubb ACT Sprinkler Fitter Enterprise Agreement - 2022 - 2025

An application has been made for approval of an enterprise agreement known as the CHUBB ACT SPRINKLER FITTER 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.

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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 July 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, applied to the Fair Work Commission for approval of the Chubb ACT Sprinkler Fitter Enterprise Agreement for the period 2022 to 2025. The application involved determining the appropriateness of the proposed agreement under the Fair Work Act 2009. The applicant argued that the agreement met the requirements for a modern award, while the respondent raised concerns about specific provisions.

The central legal issues before the court were whether the agreement complied with the Fair Work Act, including whether it contained only permissible matters, was not less favourable than the applicable award or registered agreement, and was not contrary to public policy. The court needed to examine each clause of the agreement to ensure it adhered to the legislative framework.

After thorough examination, the Fair Work Commission concluded that the Chubb ACT Sprinkler Fitter Enterprise Agreement was compliant with the Fair Work Act. The court found that all provisions of the agreement were within the permissible scope, did not provide less favourable terms than the applicable award, and did not contravene public policy. Consequently, the application for approval was granted, and the agreement was registered as a modern award.

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