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

[2021] FWCA 637

[2021] FWCA 637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2020/3978)

CHUBB FIRE AND SECURITY PTY LIMITED DINGLEY WAREHOUSING AND PRODUCTION (SUPPLY CHAIN) EMPLOYEES AGREEMENT 2020 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 FEBRUARY 2021

Application for approval of the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2020 - 2021.

[1] Chubb Fire & Security Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2020 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The email sent to employees on 8 December 2020 advising them of the details of the vote did not state the time of the vote as required by section 180(3) of the Act. The Employer provided submissions as to the error on 4 February 2021. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1(Huntsman)that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[3] Accordingly, notwithstanding the matter identified in paragraph 2 above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[4] On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 8 February 2021 and, in accordance with s 54, will operate from 15 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

<AE510339  PR726773>