DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2019/659)

CHUBB ELECTRONIC SECURITY, NSW AND ACT TECHNICIANS COLLECTIVE AGREEMENT 2017 - 2020

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 30 APRIL 2019

Application for approval of the Chubb Electronic Security, NSW and ACT Technicians Collective Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Electronic Security, NSW and ACT Technicians Collective Agreement 2017 - 2020 (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] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 31 August 2020.

Printed by authority of the Commonwealth Government Printer

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 Electronic Security, NSW and ACT Technicians Collective Agreement 2017 - 2020. The matter was heard in the Fair Work Commission, with the Applicant represented by Mr R. R. S. Jones and the Respondent represented by Ms A. C. M. Smith. The Applicant sought approval of the proposed agreement, which would regulate the employment terms and conditions of technicians employed by the Applicant in the New South Wales and Australian Capital Territory regions.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of section 231 of the Fair Work Act 2009, which sets out the criteria for an agreement to be considered a "registered agreement." The Commission had to determine whether the agreement was in writing, free from prohibited content, and if it was made in good faith and without coercion. Additionally, the Commission needed to assess whether the agreement provided for the proper classification of employees and the setting of minimum wages and conditions of employment.

The Fair Work Commission found that the proposed agreement met all the necessary criteria. The Applicant demonstrated that the agreement was in writing and free from prohibited content, such as provisions that would allow for the payment of wages below the applicable award rates. The Commission was satisfied that the agreement was made in good faith and without coercion, as there was no evidence to suggest otherwise. The agreement also provided for the proper classification of employees and set minimum wages and conditions of employment in accordance with the relevant awards and regulations.

As a result, the Fair Work Commission approved the Chubb Electronic Security, NSW and ACT Technicians Collective Agreement 2017 - 2020, effective from 1 July 2017. The agreement is now registered and will govern the employment terms and conditions of technicians employed by the Applicant in the New South Wales and Australian Capital Territory regions until 30 June 2020.

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