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

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

1

CaseChat Overview and Summary

In the matter of Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety, the Fair Work Commission was presented with an application to approve a proposed collective agreement, the Chubb Fire and Security Perth Sprinkler Fitters Collective Agreement 2018-2021. The application arose from negotiations between the employer and the union representing the employees. The central issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees.

The Commission considered several legal issues, including whether the agreement complied with the procedural fairness requirements, whether the agreement contained all the mandated terms and conditions of employment, and if the proposed conditions were fair and reasonable. The Commission also had to assess whether the agreement provided adequate protection for employees’ rights and interests, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The final determination required balancing the interests of the employer and the employees to ensure a fair and just outcome.

After careful consideration of the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate wage rates and leave entitlements. Furthermore, the Commission was satisfied that the agreement contained adequate dispute resolution mechanisms and provided sufficient protection for employees’ rights. As a result, the Commission approved the proposed agreement, finding it to be a good faith bargain that met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Chubb Fire and Security Perth Sprinkler Fitters Collective Agreement 2018-2021, effective from the date of the decision. The approval ensures that the agreement will be legally binding on both the employer and the employees, providing a framework for the terms and conditions of employment for the duration of the agreement. The decision provides clarity and certainty for both parties and helps to maintain a fair and productive working relationship.

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