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

[2021] FWCA 6664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2021/8061)

CHUBB FIRE AND CEPU - PLUMBING DIVISION ENTERPRISE AGREEMENT VICTORIA 2021 - 2024

Fire fighting services
COMMISSIONER JOHNS	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement Victoria 2021 - 2024

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement Victoria 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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement Victoria 2021 - 2024. The applicant, Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety, sought approval of the agreement from the Fair Work Commission. The dispute arose from negotiations between the company and the CEPU, a trade union, concerning the terms and conditions of employment for workers in the plumbing division. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes and overseeing the enforcement of workplace laws.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring that the agreement contained the minimum terms and conditions as set out in the Act, and that it was made in good faith. The Commission needed to consider whether the agreement provided for appropriate dispute resolution mechanisms, and whether it allowed for the protection of employees' rights. Additionally, the Commission had to assess if the agreement met the requirements for being registered and enforceable.

The Fair Work Commission determined that the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement Victoria 2021 - 2024 complied with the Fair Work Act. The Commission found that the agreement contained the minimum terms and conditions required by the Act, including provisions for dispute resolution and the protection of employees' rights. Furthermore, the Commission was satisfied that the agreement had been made in good faith and met the requirements for registration and enforceability. As a result, the Commission approved the enterprise agreement, allowing it to come into effect and regulate the terms and conditions of employment for workers in the plumbing division.

The Fair Work Commission's decision to approve the Chubb Fire and CEPU - Plumbing Division Enterprise Agreement Victoria 2021 - 2024 was based on the finding that the agreement met all relevant legal requirements. The Commission found that the agreement provided for the minimum terms and conditions as set out in the Fair Work Act, contained appropriate dispute resolution mechanisms, and protected employees' rights. Additionally, the Commission was satisfied that the agreement was made in good faith and met the requirements for registration and enforceability. As a result, the enterprise agreement was approved and will come into effect, regulating the terms and conditions of employment for workers in the plumbing division.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established