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
(AG2021/5009)

CHUBB FIRE & SECURITY PTY LTD, WESTERN AUSTRALIA, PORTABLE SERVICE TECHNICIANS ENTERPRISE AGREEMENT 2021 - 2023

Security services
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 MAY 2021

Application for approval of the Chubb Fire & Security Pty Ltd, Western Australia, Portable Service Technicians Enterprise Agreement 2021 - 2023.

[1] Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety has made an application for the approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd, Western Australia, Portable Service Technicians Enterprise Agreement 2021 - 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 20 May 2021 and, in accordance with s 54, will operate from 27 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, applied to the Fair Work Commission for approval of the Portable Service Technicians Enterprise Agreement 2021-2023. The applicant sought to have the agreement approved as a modern award to be applied to its employees who are portable service technicians. The respondent, the Australian Council of Trade Unions, did not oppose the application but raised concerns about the definition of "portable service technician" within the agreement.

The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms and conditions and if it was appropriate for the employees it covered. The Commission also considered whether the agreement was consistent with the principles of the Fair Work Act, including ensuring fairness and avoiding undermining awards or agreements.

The Commission found that the agreement was consistent with the Fair Work Act and met all statutory requirements. It contained the necessary minimum terms and conditions and was appropriate for the employees it covered. The definition of "portable service technician" was considered clear and appropriate, and the agreement did not undermine any relevant award or agreement. The Commission approved the application, and the Portable Service Technicians Enterprise Agreement 2021-2023 was approved as a modern award.

The Fair Work Commission approved the Portable Service Technicians Enterprise Agreement 2021-2023 as a modern award applicable to the employees of the applicant. The Commission determined that the agreement met all statutory requirements and did not undermine any relevant award or agreement. The approval of the agreement will provide certainty and stability to the employees covered by the agreement.

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