DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2016/6905)

CHUBB FIRE AND SECURITY BUNBURY SPRINKLER FITTERS COLLECTIVE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Chubb Fire and Security Bunbury Sprinkler Fitters Collective Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Bunbury Sprinkler Fitters Collective Agreement 2016 - 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 12 December 2016 and, in accordance with s.54, will operate from 19 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by Chubb Fire & Security Pty Ltd for approval of a collective agreement that would cover sprinkler fitters employed in Bunbury. The application was made under section 235 of the Fair Work Act 2009. The application for approval was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented some of the employees covered by the proposed agreement.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act. This included whether the agreement had been made in good faith and whether it met the requirements of the "better off overall test". The Commission also needed to consider whether the agreement provided for a fair and efficient workplace.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission concluded that the agreement had been made in good faith and that it provided for a fair and efficient workplace. The Commission also found that the agreement met the "better off overall test", meaning that the employees would be no worse off and at least some would be better off under the agreement than they would be without it. The Commission approved the agreement, noting that it provided for a number of improvements to the terms and conditions of employment for the sprinkler fitters. The Commission also noted that the agreement provided for a more efficient workplace, with streamlined processes for the installation of fire safety systems.

The Fair Work Commission approved the Chubb Fire and Security Bunbury Sprinkler Fitters Collective Agreement 2016 - 2019, effective from 1 April 2016. The Commission noted that the agreement provided for a fair and efficient workplace, and that it met the requirements of the Fair Work Act. The CFMEU's opposition to the application for approval was dismissed.

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