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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Chubb Fire & Security Pty Ltd ACT Electrical Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be approved as a certified agreement. The agreement in question was proposed to govern the employment conditions of electrical workers employed by Chubb Fire & Security Pty Ltd in the Australian Capital Territory. The Fair Work Commission’s role in this matter was to ensure that the agreement met the requirements of the Fair Work Act 2009 and to consider the broader implications for the employees and the employer.

The primary legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement, whether it complied with the relevant provisions of the Fair Work Act, and whether it was in the best interests of the employees. The Commission had to scrutinise the agreement to ensure that it was made without any improper conduct, that it was certified by an independent certifier, and that it met the criteria for approval under the Fair Work Act. Additionally, the Commission considered the fairness and reasonableness of the terms of the agreement, including the provisions related to wages, hours of work, and other employment conditions.

The Fair Work Commission, after a thorough examination of the application and the proposed agreement, determined that the agreement was a genuine enterprise agreement that complied with all the relevant statutory requirements. The Commission found that the agreement had been certified by an independent certifier and that it contained terms and conditions that were fair and reasonable. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and that it was in the best interests of the employees. Based on these findings, the Commission approved the agreement, certifying it as a registered agreement under the Fair Work Act.

The final orders of the Commission included the approval and registration of the Chubb Fire & Security Pty Ltd ACT Electrical Enterprise Agreement 2020-2023 as a certified agreement. The agreement was to be binding on the employer and the employees covered by the agreement, and it was to remain in effect for the period specified in the agreement, until 31 July 2023. The Commission’s decision was based on its determination that the agreement met all the necessary legal requirements and was fair and reasonable for the employees and the employer.

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