DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2016/6178)

CHUBB FIRE & SECURITY BUNBURY ELECTRICAL ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Chubb Fire & Security Bunbury Electrical Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Bunbury Electrical Enterprise 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/As 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 27 October 2016 and, in accordance with s.54, will operate from 3 November 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

Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, applied to the Fair Work Commission for the approval of the Chubb Fire & Security Bunbury Electrical Enterprise Agreement 2016 - 2019. The application was made under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for electricians employed by the company.

The legal issues before the Fair Work Commission included whether the agreement met the requirements of the Fair Work Act, particularly whether it provided for the safety, health, and welfare of employees, and if it was made in good faith and without coercion. The Commission also needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was consistent with the national minimum standards set out in the Safety, Rehabilitation and Compensation (State) Act 1988.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission noted that the agreement contained provisions for the safety, health, and welfare of employees, and that it was made in good faith without coercion. The terms and conditions were deemed fair and reasonable, and the agreement was consistent with the national minimum standards. The Commission approved the agreement, recognising that it provided for the interests of both the employees and the employer in a balanced manner.

The Fair Work Commission approved the Chubb Fire & Security Bunbury Electrical Enterprise Agreement 2016 - 2019, determining that it met all the necessary requirements under the Fair Work Act. This decision was made in light of the provisions for employee safety, health, and welfare, the good faith and absence of coercion in its making, and the reasonableness of its terms and conditions. The agreement was also found to be consistent with the national minimum standards.

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