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

[2021] FWCA 5836

[2021] FWCA 5836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2021/7042)

CHUBB FIRE & SECURITY PTY LTD SOUTH AUSTRALIA, ELECTRICAL, COLLECTIVE AGREEMENT, 2021 - 2025

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 15 SEPTEMBER 2021

Application for approval of the Chubb Fire & Security Pty Ltd South Australia, Electrical, Collective Agreement, 2021 - 2025

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd South Australia, Electrical, Collective Agreement, 2021 - 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 September 2021.

[3] On 9 September 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 9 September 2021. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  Clause 29(e) of the Agreement will not be applied.

•  Employees will be entitled to public holidays in accordance with the NES, except that the rate of pay for public holidays not worked will be the ordinary hourly rate.

•  The company will pay an Apprentice a rate of pay at least 10% above the equivalent classification pay rate in the Electrical, Electronic and Communication Contracting Award 2020.

•  For the purpose of clause 34 of the Agreement, Trainees will be paid the same rates as Apprentices.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513108  PR733989>