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

[2022] FWCA 1896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1625)

Chubb Fire & Security Pty Ltd South East Queensland Electrical Enterprise Agreement - 2022 - 2025

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 9 JUNE 2022

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

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (the Employer) has applied for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd South East Queensland Electrical Enterprise Agreement - 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. Only the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (known as the ETU) wrote to my Chambers advising it raises no issues in respect to the undertakings.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations) is attached to the Agreement and is taken to be a term of it.

The ETU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the ETU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2022. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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Annexure A – Undertakings

The case involved an application for approval of the Chubb Fire & Security Pty Ltd South East Queensland Electrical Enterprise Agreement for the period 2022-2025. The applicant, Chubb Fire & Security Pty Ltd, sought approval from the Fair Work Commission. The nature of the dispute centred on the terms and conditions of employment for electrical workers within the specified geographical and temporal framework.

The primary legal issue before the court was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement complied with the procedural requirements and substantive fairness standards set out in the Act. This included evaluating whether the agreement was genuinely negotiated, if it provided for proper dispute resolution mechanisms, and if it adhered to the principles of good faith bargaining.

In delivering the decision, the court meticulously reviewed the negotiation process and the content of the proposed agreement. The court found that the agreement was genuinely negotiated and contained provisions that were fair and reasonable. It concluded that the agreement met the procedural and substantive requirements for approval. The court highlighted the presence of appropriate dispute resolution mechanisms and the overall fairness of the terms negotiated between the parties.

The Fair Work Commission approved the Chubb Fire & Security Pty Ltd South East Queensland Electrical Enterprise Agreement for the period 2022-2025, effective from the date of the decision. The approval was based on the determination that the agreement complied with the necessary statutory criteria and represented a fair outcome for both the employer and the employees.

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