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

[2024] FWCA 1818

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

(AG2024/1495)

CHUBB FIRE & SECURITY PTY LTD REGIONAL QUEENSLAND PORTABLE TECHNICIAN ENTERPRISE AGREEMENT 2023 - 2026

Fire fighting services
COMMISSIONER DURHAM	BRISBANE, 17 MAY 2024

Application for approval of the Chubb Fire & Security Pty Ltd Regional Queensland Portable Technician Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Regional Queensland Portable Technician Enterprise Agreement 2023 - 2026 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, and related to an application for the approval of the Chubb Fire & Security Pty Ltd Regional Queensland Portable Technician Enterprise Agreement 2023 - 2026. The nature of the dispute was primarily procedural, focusing on the compliance of the enterprise agreement with the relevant industrial laws and the fairness of the terms proposed. The Fair Work Commission heard the application, tasked with ensuring that the agreement was fair and appropriate in all respects.

The court was required to determine several legal issues. Firstly, whether the agreement met the statutory requirements set out in the Fair Work Act 2009, including the necessity of genuine bargaining and the absence of any unfair provisions. Secondly, the court had to assess if the agreement contained appropriate provisions for the classification, remuneration, and conditions of employment for portable technicians within the specified region. Additionally, the court needed to consider if the agreement provided adequate protections and benefits to the employees.

In its reasoning, the court examined the submissions made by both parties and the evidence provided. It found that the agreement had been genuinely bargained for between the employer and the employees, and that the terms were fair and reasonable. The court noted that the agreement included provisions that addressed key employment conditions, such as hours of work, leave entitlements, and redundancy provisions. It also highlighted that the agreement provided for appropriate remuneration and benefits, and included dispute resolution mechanisms. Based on this analysis, the court concluded that the agreement met all necessary requirements and was fair and appropriate.

As a result, the Fair Work Commission approved the Chubb Fire & Security Pty Ltd Regional Queensland Portable Technician Enterprise Agreement 2023 - 2026. The approval is effective from the date of the decision, and the agreement will govern the employment terms and conditions of portable technicians within the specified region for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established