DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2021/5217)

CHUBB FIRE & SECURITY PTY LTD REGIONAL QUEENSLAND VEHICLE FIRE SUPPRESSION ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 AUGUST 2021

Application for variation of the Chubb Fire & Security Pty Ltd Regional Queensland Vehicle Fire Suppression Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of a variation to the Chubb Fire & Security Pty Ltd Regional Queensland Vehicle Fire Suppression Enterprise Agreement 2020 - 2023 (the Agreement). The application was made by Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 March 2021. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, sought to vary the Regional Queensland Vehicle Fire Suppression Enterprise Agreement 2020-2023. The respondent, the Electrical Trade Union of Australia, opposed the application. The matter was heard in the Fair Work Commission. The central dispute in this case revolved around proposed changes to the enterprise agreement, which the applicant claimed were necessary to ensure the business's competitiveness and viability in the market, particularly in light of economic challenges and operational difficulties faced by the company.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were justified under the relevant provisions of the Fair Work Act 2009. Specifically, the applicant had to demonstrate that the changes were necessary to allow for genuine flexibility or efficiency in the workplace and that the changes did not undermine the agreement's overall purpose. The Commission also had to consider whether the changes were fair and reasonable in all the circumstances.

In its decision, the Commission found that the applicant had demonstrated that the changes were necessary for the business's economic viability and operational efficiency. The Commission acknowledged the difficult economic conditions and the need for the business to adapt to remain competitive. The Commission also considered the impact of the changes on employees and found that the proposed changes did not undermine the overall purpose of the enterprise agreement. The Commission concluded that the changes were fair and reasonable, and it varied the agreement accordingly.

As a result of the decision, the Fair Work Commission varied the Regional Queensland Vehicle Fire Suppression Enterprise Agreement 2020-2023 to incorporate the changes proposed by the applicant. The decision highlights the importance of demonstrating the necessity and reasonableness of proposed changes to an enterprise agreement and the Commission's willingness to consider economic and operational factors in its assessment.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established