DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2016/1246)

CHUBB FIRE & SECURITY PTY LTD SYDNEY PORTABLE TECHNICIAN ENTERPRISE AGREEMENT 2016-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 JUNE 2016

Application for approval of the Chubb Fire & Security Pty Ltd Sydney Portable Technician Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Sydney Portable Technician Enterprise 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 2 June 2016 and, in accordance with s.54, will operate from 9 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety, made an application before the Fair Work Commission for the approval of the Sydney Portable Technician Enterprise Agreement 2016-2018. The application was contested by the Australian Council of Trade Unions (ACTU) and the United Voice (UV) union. The dispute centred on the terms and conditions of employment for portable technicians within the Sydney region, including issues such as pay rates, hours of work, leave entitlements, and the handling of shift changes.

The legal issues before the Commission involved determining whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test" which mandates that employees should be no worse off financially under the agreement than they would be under their existing awards or agreements.

In delivering its decision, the Commission examined the evidence and submissions provided by both parties. It considered the comparative analysis of the proposed agreement against existing awards and the potential impact on employees. The Commission concluded that the proposed agreement provided fair and reasonable terms and conditions and met the better off overall test. Consequently, the application was approved, ensuring that the agreement would regulate the employment of portable technicians within the specified period.

The Fair Work Commission approved the Sydney Portable Technician Enterprise Agreement 2016-2018, effective from the date of the decision, ensuring that it would govern the employment conditions for the specified period. The approval was based on the finding that the agreement was fair and reasonable, and that employees would not be worse off financially under the agreement compared to their existing conditions.

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