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

CaseChat Overview and Summary

In the matter of Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety, an application was made to the Fair Work Commission for the approval of the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2020-2021. The applicant sought to have the agreement approved as a registered low-paid industry agreement under the Fair Work Act 2009. The dispute arose from the terms of the proposed agreement, which was intended to regulate the employment conditions of warehousing and production employees at the Dingley facility.

The legal issues before the commission were whether the proposed agreement met the criteria for registration under the Fair Work Act and whether it provided for minimum terms and conditions of employment that were fair and reasonable. This included assessing whether the agreement was consistent with the relevant low-paid industry award, met the requirements for good faith bargaining, and did not disadvantage the employees. The commission also had to consider whether the agreement would assist in achieving an efficient and productive workplace.

The commission found that the proposed agreement contained terms that were largely consistent with the relevant award and were negotiated in good faith. The agreement provided for minimum terms and conditions of employment that were fair and reasonable, and did not disadvantage the employees. The commission was satisfied that the agreement would assist in achieving an efficient and productive workplace, and that it met the criteria for registration under the Fair Work Act. As a result, the commission approved the proposed agreement as a registered low-paid industry agreement.

The commission ordered that the Chubb Fire and Security Pty Limited Dingley Warehousing and Production (Supply Chain) Employees Agreement 2020-2021 be registered as a low-paid industry agreement under section 173 of the Fair Work Act. The agreement will now be applicable to the employees covered by its terms, and will remain in force until such time as it is replaced or terminated in accordance with the provisions of the Act.

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