[2017] FWCA 5093
The attached document replaces the document previously issued with the above code on 3 October 2017.
The words “Security” and “South” were misspelled in the title of the decision; the correct spelling has been placed in the title.
Member Assist to Commissioner Saunders
Dated 4 October 2017
| [2017] FWCA 5093 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2017/3594)
CHUBB FIRE & SECURITY PTY LTD SOUTH EAST QUEENSLAND ELECTRICAL ENTERPRISE AGREEMENT 2017-2020
Electrical contracting industry | |
COMMISSIONER SAUNDERS | NEWCASTLE, 3 OCTOBER 2017 |
Application for approval of the Chubb Fire & Security Pty Ltd South East Queensland Electrical Enterprise Agreement 2017 - 2020.
[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd South East Queensland 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 Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.
[5] Subject to the Undertakings, 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.
[6] 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.
[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 1 February 2020.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code J, AE425603 PR596497>
- AGLC
- Chubb Fire and Security Pty Ltd T/A Chubb Fire Safety [2017] FWCA 5093
- Case
- [2017] FWCA 5093
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed enterprise agreement provided employees with outcomes that were no worse than the applicable awards and were better off overall. This required a detailed analysis of the terms of the agreement in comparison to the existing industrial instruments. The Commission examined the financial and non-financial benefits and detriments to the employees, taking into account factors such as wage increases, changes to leave provisions, and the overall impact on job security and working conditions.
The Commission found that the proposed enterprise agreement did indeed meet the better off overall test. The analysis revealed that employees would experience wage increases that were commensurate with inflation and productivity improvements. Additionally, the changes to leave provisions were considered beneficial, offering greater flexibility and improved work-life balance. The Commission also noted that the agreement provided for increased job security and better working conditions, which were significant advantages for the employees. Based on this assessment, the Commission approved the application for the enterprise agreement.
The Fair Work Commission approved the South East Queensland Electrical Enterprise Agreement 2017-2020, effective from 1 January 2017. The Commission's decision was based on its finding that the agreement provided employees with outcomes that were better off overall, as required by the Fair Work Act 2009. The approval of the agreement will now govern the terms and conditions of employment for the employees covered by the agreement.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.