DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2016/1719)

CHUBB FIRE & SECURITY PTY LTD, TASMANIA, ELECTRICAL, COLLECTIVE AGREEMENT, 2016 - 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Chubb Fire & Security Pty Ltd, Tasmania, Electrical, Collective Agreement, 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd, Tasmania, Electrical, Collective Agreement, 2016 - 2018 (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 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, which sought approval for the Tasmania Electrical, Collective Agreement, 2016 - 2018. The dispute arose under the Fair Work Act 2009, where the company aimed to secure formal recognition for the collective agreement as a registered agreement. The Fair Work Commission, specifically the Full Bench, heard the matter, tasked with determining the validity and appropriateness of the agreement in question.

The primary legal issue before the court was whether the agreement met the criteria set forth in the Fair Work Act, particularly concerning its compliance with the Act's provisions on good faith bargaining and the terms and conditions it established. Additionally, the court needed to assess whether the agreement was sufficiently comprehensive and fair, considering the rights and obligations of both employers and employees. The court had to evaluate the process through which the agreement was reached, ensuring that it adhered to the principles of genuine negotiation and mutual agreement.

In its reasoning, the Full Bench found that the agreement in question did meet the statutory requirements set out in the Fair Work Act. The court determined that the process leading to the agreement involved genuine negotiation and that the terms and conditions were fair and reasonable. The agreement provided a balanced framework that took into account the interests of both parties, ensuring that it was comprehensive and adhered to the principles of good faith bargaining. Based on these findings, the court approved the Tasmania Electrical, Collective Agreement, 2016 - 2018, deeming it compliant with the relevant legislation.

As a result of the court's decision, the Tasmania Electrical, Collective Agreement, 2016 - 2018, was approved and registered as a valid agreement under the Fair Work Act. The Full Bench's approval means that the terms and conditions set forth in the agreement are now legally binding and enforceable for the duration specified. This decision ensures that both employers and employees are governed by a mutually agreed-upon framework that adheres to the statutory requirements for collective agreements in Australia.

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