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

[2022] FWCA 5

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2021/8971)

Chubb Fire & Security Pty Ltd Portable Service Technicians (Tasmania) Collective Agreement 2021 - 2024

Building services
COMMISSIONER YILMAZ	MELBOURNE, 4 JANUARY 2022

Application for approval of the Chubb Fire & Security Pty Ltd Portable Service Technicians (Tasmania) Collective Agreement 2021 - 2024

An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Portable Service Technicians (Tasmania) Collective Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 11 January 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, applied to the Fair Work Commission for the approval of the Portable Service Technicians (Tasmania) Collective Agreement 2021-2024. The application was contested by the union, United Voice Tasmania, which raised concerns regarding the terms and conditions outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issue the Fair Work Commission had to address was whether the Portable Service Technicians (Tasmania) Collective Agreement 2021-2024 complied with the Fair Work Act 2009, particularly in relation to the process followed in reaching the agreement and the terms and conditions it contained. The union argued that the agreement was not genuinely negotiated and that it contained terms that were potentially unfair or not in line with the broader objectives of the Fair Work Act. The Commission needed to assess the evidence and submissions from both parties to determine the validity of the agreement.

After a thorough examination of the evidence and submissions, the Fair Work Commission found that the Portable Service Technicians (Tasmania) Collective Agreement 2021-2024 was not genuinely negotiated as required by the Fair Work Act 2009. The Commission also found that the agreement contained terms that were potentially unfair. Consequently, the Commission rejected the application for approval. The Commission emphasised the importance of genuine negotiation and the need for collective agreements to align with the principles of the Fair Work Act.

The Fair Work Commission did not approve the Portable Service Technicians (Tasmania) Collective Agreement 2021-2024. The Commission's decision was based on the finding that the agreement was not genuinely negotiated and contained potentially unfair terms. This outcome underscores the importance of adhering to the legal requirements for collective agreements in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established