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

[2025] FWCA 225

[2025] FWCA 225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/5145)

CHUBB FIRE & SECURITY PTY LTD PORTABLE SERVICE TECHNICIANS (TASMANIA) COLLECTIVE AGREEMENT –2024 - 2027

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 21 JANUARY 2025

Application for approval of the Chubb Fire & Security Pty Ltd Portable Service technicians (Tasmania) Collective Agreement –2024 - 2027

1. An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Portable Service technicians (Tasmania) Collective Agreement –2024 - 2027 (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.

1. 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.

1. An assessment of the Agreement has identified various clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Clause 8(b): Maximum weekly hours;

b)Clause 16: Annual leave – Shiftworker;

c)Clause 34(c)(i): Public holiday;

d)Clause 25.1(iv): Notice of termination; and

e)Clause 25.2 and Clause 32: withholding of NES entitlements.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

1. Noting the NES precedence clause (Clause 3), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. The United Firefighters’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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