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

[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

The application before the Australian Industrial Relations Commission was brought by Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, seeking approval for the South Australia, Electrical, Collective Agreement, 2021 - 2025. The agreement, negotiated with the Electrical Trades Union, was intended to regulate the terms and conditions of employment for electrical workers employed by the company in South Australia.

The primary legal issue addressed by the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the agreement met the requirements for a registered agreement, including whether it was made in good faith, did not permit unfair dismissal, and provided for the protection of employees' rights. Additionally, the Commission considered whether the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009.

The Commission found that the collective agreement was made in good faith and did not permit conduct that would result in an unfair dismissal. It also noted that the agreement provided for the protection of employees' rights and was consistent with the relevant legislative provisions. The Commission was satisfied that the agreement complied with the requirements for a registered agreement and approved the South Australia, Electrical, Collective Agreement, 2021 - 2025. As a result, the agreement became legally binding on the parties involved and provided a framework for the employment terms and conditions of electrical workers employed by Chubb Fire & Security Pty Ltd in South Australia for the specified period.

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