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

[2021] FWCA 1511

[2021] FWCA 1511

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
(AG2021/280)

CHUBB FIRE AND SECURITY REGIONAL QUEENSLAND ELECTRICAL & PASSIVE ENTERPRISE AGREEMENT - 2020 - 2023

Security services
COMMISSIONER BOOTH	BRISBANE, 19 MARCH 2021

Application for approval of the Chubb Fire and Security Regional Queensland Electrical & Passive Enterprise Agreement - 2020 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (the Applicant) for approval of the Chubb Fire and Security Regional Queensland Electrical & Passive Enterprise Agreement - 2020 - 2023 (the Agreement). The Agreement is a single enterprise agreement.

[2] Peter Ong, Divisional Branch Secretary of the Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed a Form F18 in this matter, providing notice under s.183 of the Act that it wants the Agreement to cover it. However, the CEPU also indicated that it did not support approval of the Agreement, stating that it did not consider the agreement a good outcome in terms of members claims. The CEPU did not assert that the Agreement would fail the Better Off Overall Test (BOOT).

[3] Correspondence was sent to the Applicant on 23 February 2021, raising certain concerns in relation to the Agreement and seeking responses from the Applicant. The Applicant filed submissions addressing the concerns raised on 3 March 2021. The CEPU was provided with a copy of this correspondence.

[4] The CEPU provided correspondence to my Chambers on 10 March 2021, to the effect that it no longer sought to object to approval of the Agreement, in light of the Applicant’s correspondence.

[5] The matter was listed for eHearing on 17 March 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[6] It is noted that the flexibility term at clause 9 of the Agreement provides that the model term will apply, however it has not been attached to the Agreement.

[7] It is also noted that the consultation term at clause 39 of the Agreement does not appear to be consistent with the requirements of the Act.

[8] Accordingly, the model flexibility and consultation terms set out in the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[9] Subject to the matters raised at paragraphs [2]-[8], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[10] In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[11] The Agreement is approved and, in accordance with s.54 of the Act and clause 5.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

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