DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2016/5547)

CHUBB FIRE & SECURITY ILLAWARRA PORTABLE SERVICE ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Chubb Fire & Security Services Illawarra Portable Service Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Services Illawarra Portable Service 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/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] The Australian Workers Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, and was heard in the Fair Work Commission. The dispute centred around the application for the approval of the Chubb Fire & Security Services Illawarra Portable Service Enterprise Agreement 2016 - 2019. The application was made by Chubb Fire & Security, seeking the Fair Work Commission's approval of the enterprise agreement which would apply to employees working in the Illawarra region of New South Wales. The application was brought to the Commission following the agreement being made between the employer and the relevant union.

The legal issues before the Fair Work Commission required consideration of the procedural fairness of the agreement-making process and the substantive fairness of the terms of the agreement. The Commission needed to assess whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, particularly the requirements for good faith bargaining and the avoidance of coercion or undue influence. Furthermore, the Commission had to determine whether the agreement met the requirements for approval under the Fair Work Act, including the "better off overall test" which ensures that employees are not disadvantaged by the agreement compared to their previous conditions of employment.

In delivering its decision, the Fair Work Commission considered the evidence presented by both parties regarding the process of agreement-making and the terms contained within the agreement. The Commission found that the process of agreement-making was conducted in good faith, with no evidence of coercion or undue influence. Additionally, the Commission was satisfied that the terms of the agreement met the requirements for approval under the Fair Work Act, including the better off overall test. Consequently, the Fair Work Commission approved the Chubb Fire & Security Services Illawarra Portable Service Enterprise Agreement 2016 - 2019, and the application was granted.

The Fair Work Commission's decision was based on a thorough examination of the evidence presented and a consideration of the relevant legal principles. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees covered by the agreement are determined through a fair and transparent process, providing certainty and stability for both the employer and 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