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

Case [2020] FWCA 4346


[2020] FWCA 4346
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2020/2106)

CHUBB FIRE & SECURITY PTY LTD SOUTH EAST QUEENSLAND VFS & FIRE PROTECTION TECHNICIAN ENTERPRISE AGREEMENT 2020 - 2024

Manufacturing and associated industries

COMMISSIONER SIMPSON

BRISBANE, 18 AUGUST 2020

Application for approval of the Chubb Fire & Security Pty Ltd South East Queensland VFS & Fire Protection Technician Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd South East Queensland VFS & Fire Protection Technician Enterprise Agreement 2020 - 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety. The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508764  PR721917>

Details
AGLC
Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety [2020] FWCA 4346
Case
[2020] FWCA 4346
Decision Date

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, applied to the Fair Work Commission for the approval of the South East Queensland VFS & Fire Protection Technician Enterprise Agreement 2020-2024. The dispute involved the terms and conditions of employment for VFS and Fire Protection Technicians in the South East Queensland region. The Fair Work Commission was the court responsible for reviewing and approving the enterprise agreement.

The legal issues before the court revolved around whether the enterprise agreement complied with the Fair Work Act 2009, particularly in terms of the minimum entitlements and the provisions concerning pay and conditions. The court had to ensure that the agreement did not disadvantage employees by setting terms below the minimum standards set by the relevant industrial awards and that it was made in good faith.

The Fair Work Commission found that the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009. The court considered the evidence and submissions from both parties, and concluded that the agreement was made in good faith and did not disadvantage employees. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both employers and employees. The Commission's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by the parties.

The final orders of the court were to approve the South East Queensland VFS & Fire Protection Technician Enterprise Agreement 2020-2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement. The court's decision provided clarity and certainty for both employers and employees in the VFS and Fire Protection Technician industry in the South East Queensland region.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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