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

[2021] FWCA 6281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2021/7694)

CHUBB FIRE & SECURITY PTY LTD NEWCASTLE ELECTRICAL ENTERPRISE AGREEMENT -- 2021 - 2024

Electrical power industry
COMMISSIONER JOHNS	SYDNEY, 14 OCTOBER 2021

Application for approval of the Chubb Fire & Security Pty Ltd Newcastle Electrical Enterprise Agreement --2021 - 2024

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Newcastle Electrical Enterprise 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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, and its employees. The dispute pertained to the application for approval of the Chubb Fire & Security Pty Ltd Newcastle Electrical Enterprise Agreement for the period 2021 to 2024. The Fair Work Commission was tasked with assessing whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it met the 'better off overall test'. Specifically, the Commission needed to determine if the agreement provided employees with terms and conditions that were at least as good as those provided under the relevant award, and if it included provisions that were fair and reasonable in all aspects.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, as it was negotiated in good faith and covered a genuine enterprise. The Commission also determined that the procedural requirements of the Fair Work Act were satisfied, as the agreement was voted on by the requisite majority of employees. Furthermore, the Commission concluded that the agreement met the better off overall test, as the terms and conditions provided in the agreement were at least as good as, and in some cases better than, those provided under the applicable award. The Commission considered the agreement to be fair and reasonable in all its aspects, thereby approving it.

As a result of the Commission's decision, the Chubb Fire & Security Pty Ltd Newcastle Electrical Enterprise Agreement 2021-2024 was approved and registered. The approved agreement will now govern the terms and conditions of employment for the employees of Chubb Fire & Security Pty Ltd in the Newcastle area, providing them with a clear understanding of their rights and obligations under the agreement.

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