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

[2019] FWCA 3818

[2019] FWCA 3818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2018/6810)

CHUBB FIRE AND SECURITY PERTH SPRINKLER FITTERS COLLECTIVE AGREEMENT 2018 - 2021

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 JUNE 2019

Application for approval of the Chubb Fire and Security Perth Sprinkler Fitters Collective Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Perth Sprinkler Fitters Collective Agreement 2018 - 2021 (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] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 4 June 2019 and, in accordance with s.54, will operate from 11 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503729  PR708948>

Annexure A

IN TH E FAIR WORK COMMISSION FWC Matter No.: AG2018/6810

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

Section 185 – Application for approval of a single enterprise agreement

Undertaking- Section 190

I, David Cunneen, Human Resource Manager, Chubb Fire & Security Pty Ltd (“Chubb”) give the following undertakings with respect to the Chubb Fire and Security Perth Sprinkler Fitters Collective Agreement 2018 –

2021 ("the Agreement"):

1. I have the authority given to me by Chubb to provide this undertaking in relation to the application before the Fair Work Commission.

2. With reference to any Shiftworkers in the Agreement, the Shiftworkers are described or defined as

Shiftworkers ‘for the purposes of the NES.’

3. In relation to Shift penalties to be applied for any afternoon and night shift work, First Year Apprentices will be entitled to receive the penalty loadings as outlined in the relevant Award titled the Plumbing and Fire Sprinklers Award 2010 (“the Award”).

4. In clause 16.6.1 of the Agreement, Shiftworkers who work on Sundays will be paid Double time for hours worked on a Sunday (i.e. 200%).

5. In relation to allowances in the Award applicable for First Year adult apprentices, such as fares and travel allowances, the Allowances in the Award will be applied for First Year adult apprentices.

6. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

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Signature

15 April 2019

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