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

[2014] FWCA 6965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2014/7527)

CHUBB FIRE AND SECURITY PTY LIMITED WESTERN AUSTRALIA PERTH PEFS TECHNICIANS AGREEMENT 2013-2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 3 OCTOBER 2014

Application for approval of the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2013-2017 (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.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.

[5] The Agreement was approved on 3 October 2014 and, in accordance with s.54, will operate from 10 October 2014. The nominal expiry date of the Agreement is 1 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, sought approval for the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2013-2017. The applicant sought to have the agreement approved under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission. The key legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act, particularly in relation to its coverage, fairness, and compliance with procedural requirements.

The Commission examined the agreement to determine if it met the criteria for approval, including whether it provided for terms and conditions of employment, was fair and reasonable, and had been made in good faith. The Commission also considered whether the agreement had been properly negotiated and whether there was adequate consultation with the employees. The Commission found that the agreement did comply with the statutory requirements, noting that it was fair and reasonable, and had been made in good faith. The Commission also found that the agreement had been properly negotiated and that adequate consultation had taken place.

Consequently, the Commission approved the Chubb Fire and Security Pty Limited Western Australia Perth PEFS Technicians Agreement 2013-2017. The Commission's decision was based on its finding that the agreement met the necessary legal criteria and was in the interests of the employees and the employer. The Commission's approval was a significant outcome for the applicant, as it provided certainty and legal protection for the terms and conditions set out in the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established