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

[2021] FWCA 1464

[2021] FWCA 1464

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
(AG2021/4014)

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

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 18 MARCH 2021

Application for approval 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 an enterprise agreement known as Chubb Fire & Security Pty Ltd Regional Queensland Vehicle Fire Suppression Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement as Annexure A.

[4] A number of matters relating to the National Employment Standards (the NES) were raised with the Applicant, which were addressed by way of individual undertakings. I note Clause 6.2 of the Agreement provides that where there is an inconsistency between a provision of the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. On this basis, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. I also note that by virtue of s. 55 of the Act, an enterprise agreement must not exclude the NES or any provisions of the NES and s. 56 provides that a term of an enterprise agreement has no effect to the extent that it contravenes s. 55.

[5] The flexibility term at clause 9.1 of the Agreement did not contain terms as required by s. 203(3) of the Act. The model flexibility set out in the Fair Work Regulations 2009 (Regulations) is therefore taken to be a term of the Agreement.

[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), 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) I note that the Agreement covers the AMWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A.