DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2018/4661)

CHUBB FIRE SAFETY, WESTERN AUSTRALIAN, PORTABLE SERVICE TECHNICIANS ENTERPRISE AGREEMENT, 2018 - 2020

Fire fighting services
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 FEBRUARY 2019

Application for approval of the Chubb Fire Safety, Western Australian, Portable Service Technicians Enterprise Agreement, 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety, Western Australian, Portable Service Technicians Enterprise Agreement, 2018 - 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] 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 28 February 2019 and, in accordance with s.54, will operate from 7 March 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety, sought approval of the Western Australian Portable Service Technicians Enterprise Agreement, 2018-2020. The application was before the Fair Work Commission, which exercised its powers under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for portable service technicians within the company, with the applicant seeking to have the agreement approved and registered as a certified agreement.

The legal issues before the Commission included whether the agreement met the requirements for certification as set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the minimum terms and conditions as prescribed by the Act, whether the agreement had been made in good faith, and if it complied with the provisions regarding the protection of employees' rights and interests. Additionally, the Commission had to consider if the agreement provided for fair and effective dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the agreement substantially complied with the requirements of the Act. The Commission noted that the agreement contained the mandated minimum terms and conditions and was made in good faith. Furthermore, the agreement provided for fair and effective dispute resolution mechanisms and protected employees' rights and interests. The Commission was satisfied that the agreement met the statutory criteria for certification and approved it as a certified agreement, effective from the date of the decision.

The Fair Work Commission ordered that the Western Australian Portable Service Technicians Enterprise Agreement, 2018-2020, be approved and registered as a certified agreement under the Fair Work Act. The agreement was to be binding on all employees covered by it, including those who were not members of a relevant union. The Commission further ordered that the certified agreement would remain in effect until it was replaced or terminated in accordance with the provisions of the Act.

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