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

[2021] FWCA 6318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2021/7707)

CHUBB ELECTRONIC SECURITY NORTHERN TERRITORY ELECTRONICS TECHNICIANS, ENTERPRISE AGREEMENT 2020 - 2024

Security services
COMMISSIONER JOHNS	SYDNEY, 18 OCTOBER 2021

Application for approval of the Chubb Electronic Security Northern Territory ElectronicsTechnicians, Enterprise Agreement 2020 - 2024

[1] An application has been made for approval of an enterprise agreement known as the Chubb Electronic Security Northern Territory Electronics Technicians, Enterprise Agreement 2020 - 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2021. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the applicant, Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety, sought approval of the Chubb Electronic Security Northern Territory Electronics Technicians Enterprise Agreement 2020 - 2024 under the Fair Work Act 2009. The applicant argued that the proposed agreement, which was negotiated between the company and the union, met the criteria for approval as a single interest employer agreement. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement should be approved as a single interest employer agreement. To qualify for this status, the agreement must cover all employees in a particular enterprise, and there must not be any other enterprise agreement covering those employees. Additionally, the agreement needed to meet the Fair Work Act's requirements, including the provisions for minimum wages, leave entitlements, and other conditions of employment.

The Commission found that the proposed agreement satisfied the criteria for approval as a single interest employer agreement. The agreement covered all employees of the applicant in the Northern Territory, and there were no other enterprise agreements covering these employees. Furthermore, the agreement complied with the Fair Work Act, including provisions for minimum wages, leave entitlements, and other conditions of employment. The Commission also considered the bargaining process, which was conducted in good faith, and the agreement reflected the needs and interests of the employees and the employer.

The Fair Work Commission approved the Chubb Electronic Security Northern Territory Electronics Technicians Enterprise Agreement 2020 - 2024 as a single interest employer agreement. The Commission found that the agreement met all the necessary requirements under the Fair Work Act and reflected the needs and interests of both the employees and the employer. The agreement will now apply to all employees of the applicant in the Northern Territory, providing them with the agreed-upon terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established