DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2017/5572)

CHUBB FIRE SAFETY ACT ELECTRICAL ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 14 MAY 2018

Application for approval of the Chubb Fire Safety ACT Electrical Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety ACT Electrical Enterprise 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] The Applicant 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, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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 Chubb Fire Safety ACT Electrical Enterprise Agreement 2017-2020 from the Fair Work Commission. The dispute arose as the agreement was not directly negotiated between the parties but was instead adopted from a similar agreement with modifications. The applicant argued that the adoption process met the requirements of section 233 of the Fair Work Act 2009. The respondent, the Electrical Trades Union of Australia, opposed the application on the basis that the agreement did not comply with the statutory provisions.

The legal issues before the court were whether the adopted agreement met the requirements for approval under section 233 of the Fair Work Act 2009, and if so, whether it was appropriate to approve the agreement despite the lack of direct negotiation between the parties. The court had to consider whether the adoption process was compliant with the Act and whether the modifications made to the adopted agreement were reasonable and necessary.

The Fair Work Commission found that the adopted agreement did meet the requirements for approval under section 233 of the Fair Work Act 2009. The court noted that while direct negotiation between the parties is preferred, it is not mandatory for an agreement to be approved. The court also found that the modifications made to the adopted agreement were reasonable and necessary, taking into account the specific circumstances of the applicant's business. The court concluded that it was appropriate to approve the agreement despite the lack of direct negotiation between the parties.

The Fair Work Commission approved the Chubb Fire Safety ACT Electrical Enterprise Agreement 2017-2020. The court found that the agreement met the requirements for approval under the Fair Work Act 2009 and that it was appropriate to approve the agreement despite the lack of direct negotiation between the parties. The agreement was approved and came into effect on 1 April 2017.

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