DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2019/4437)

CHUBB FIRE & SECURITY PTY LTD NEWCASTLE PORTABLE SERVICE ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 26 NOVEMBER 2019

Application for approval of the Chubb Fire & Security Pty Ltd Newcastle Portable Service Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Newcastle Portable Service Enterprise Agreement 2019 -2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2019. The nominal expiry date of the Agreement is 15 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, applied to the Fair Work Commission for approval of the Chubb Fire & Security Pty Ltd Newcastle Portable Service Enterprise Agreement 2019-2023. The applicant sought to have the agreement approved as a low-paid enterprise agreement under the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions.

The primary issue for the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement contained the necessary minimum terms and conditions as prescribed by the Act and whether it had been made in good faith. Additionally, the Commission needed to assess whether the agreement was suitable for low-paid workers, as defined by the Act.

The Commission found that the agreement met the requirements for approval. It contained all the necessary minimum terms and conditions as prescribed by the Act and had been made in good faith. The Commission also determined that the agreement was suitable for low-paid workers, as it provided for a minimum wage increase of 2.75% per annum and included provisions for penalty rates, leave entitlements, and other benefits. The Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The Fair Work Commission approved the Chubb Fire & Security Pty Ltd Newcastle Portable Service Enterprise Agreement 2019-2023 as a low-paid enterprise agreement under the Fair Work Act. The agreement will now be registered with the Fair Work Commission and will apply to the relevant employees.

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