DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2017/1908)

CHUBB FIRE AND SECURITY REGIONAL QUEENSLAND ELECTRICAL & PASSIVE ENTERPRISE AGREEMENT 2017-2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2017

Application for approval of the Chubb Fire and Security Regional Queensland Electrical & Passive Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Regional Queensland Electrical & Passive Enterprise Agreement 2017-2019 (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] 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.

[5] The Electrical Trades Union (ETU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, sought approval of an enterprise agreement from the Fair Work Commission. The application involved the Chubb Fire and Security Regional Queensland Electrical & Passive Enterprise Agreement 2017 - 2019. The agreement was made between Chubb Fire Safety and the Queensland Building and Construction General On-Site Union, among others. The union raised objections to the application, leading to a formal hearing.

The central legal issues revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly sections 230 and 231, which pertain to the approval of enterprise agreements. The union contested the agreement on various grounds, including whether it provided for terms and conditions that complied with the "better off overall test" (BOOT) and if it was made in good faith and without coercion. Additionally, the union argued that certain clauses in the agreement were problematic, such as those relating to the use of labour hire and the definition of 'casual employees'.

The Commission carefully examined the agreement, taking into account the evidence presented by both parties. It found that the agreement generally met the statutory requirements, including the BOOT. The Commission considered the overall benefits to employees, such as improved pay and conditions, and found that these outweighed any detriments. Furthermore, it concluded that the agreement was made in good faith and without coercion. While some concerns were raised about specific clauses, these did not undermine the overall validity of the agreement. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Chubb Fire and Security Regional Queensland Electrical & Passive Enterprise Agreement 2017 - 2019, dismissing the union's objections. The decision highlights the importance of meeting statutory requirements and the Commission's role in ensuring that enterprise agreements provide fair and reasonable terms and conditions for employees.

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