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

[2020] FWCA 7051

[2020] FWCA 7051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2020/3678)

CHUBB FIRE & SECURITY PTY LTD ACT ELECTRICAL ENTERPRISE AGREEMENT –2020- 2023

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 23 DECEMBER 2020

Application for approval of the Chubb Fire & Security Pty Ltd ACT Electrical Enterprise Agreement –2020- 2023.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd ACT Electrical 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 Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 28.2.6 – Annual Leave.

•  Clause 40.2 – Abandonment of Employment

However, noting Clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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