Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

Case

[2024] FWCA 1510

24 APRIL 2024


[2024] FWCA 1510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

(AG2024/1269)

CHUBB FIRE & SECURITY PTY LTD BUNBURY VEHICLE FIRE SUPPRESSION AND FIRE TECHNICIANS ENTERPRISE AGREEMENT 2024 - 2027

Fire fighting services

DEPUTY PRESIDENT O'KEEFFE

PERTH, 24 APRIL 2024

Application for approval of the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression and Fire Technicians Enterprise Agreement 2024 - 2027

  1. An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression And Fire Technicians Enterprise Agreement 2024 - 2027 (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 Applicant). The Agreement is a single enterprise agreement.

  1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 February 2024 and the Agreement was made on 12 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

  1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

  1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE524381  PR773860>

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