DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2017/1162)

CHUBB FIRE SAFETY SOUTH AUSTRALIA, SERVICE DIVISION ELECTRICAL, COLLECTIVE AGREEMENT, 2016 - 2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 1 MAY 2017

Application for approval of the Chubb Fire Safety South Australia, Service Division Electrical, Collective Agreement, 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety South Australia, Service Division Electrical, Collective Agreement, 2016-2020 (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, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 May 2017 and, in accordance with s.54, will operate from 8 May 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety, sought approval of the Chubb Fire Safety South Australia, Service Division Electrical, Collective Agreement, 2016-2020. The respondents were the Electrical Industries Union of Australia, and the Electrical Trades Union of Australia. The application was heard in the Fair Work Commission. The main issue before the court was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those relating to good faith bargaining, and whether it met the criteria for being a genuine agreement.

The court examined the process of bargaining and the substance of the agreement to determine if it was genuinely negotiated and whether it met the standards of procedural fairness. The applicants argued that the agreement was the result of good faith bargaining and was a genuine agreement, while the respondents raised concerns about the process and the content of the agreement. The court considered the evidence and submissions from both parties and analysed the specific provisions of the agreement to ascertain its validity.

After thorough consideration, the court found that the agreement was indeed the product of good faith bargaining and met all the statutory requirements. The court held that the applicants had demonstrated a commitment to the process of negotiation and that the agreement reflected the outcomes of genuine bargaining. The court also found that the agreement was fair and reasonable, and that it complied with all relevant provisions of the Fair Work Act. Accordingly, the court approved the collective agreement.

The final orders of the court were that the Chubb Fire Safety South Australia, Service Division Electrical, Collective Agreement, 2016-2020 be, and was hereby, approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published in accordance with 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