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

[2014] FWCA 6863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2014/7595)

CHUBB FIRE SAFETY PILBARA ELECTRICAL COLLECTIVE AGREEMENT 2013-2016

Electrical contracting industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the Chubb Fire Safety Pilbara Electrical Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Pilbara Electrical Collective Agreement 2013-2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 30 September 2014 and, in accordance with s.54, will operate from 7 October 2014. The nominal expiry date of the Agreement is 1 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, applied to the Fair Work Commission for the approval of the Chubb Fire Safety Pilbara Electrical Collective Agreement 2013-2016. The application was opposed by the Electrical Trades Union of Australia (ETUA). The dispute centred on the validity and fairness of the proposed agreement, which sought to regulate the employment conditions of electricians in the Pilbara region. The Fair Work Commission, under the Fair Work Act 2009, was tasked with determining whether the agreement met the legal requirements for approval.

The central legal issue was whether the agreement complied with the statutory criteria for being a "single, integrated and coherent" document. Specifically, the Commission needed to consider if the agreement was free from prohibited content, was appropriately structured, and was negotiated in good faith. The ETUA argued that the agreement was not fairly negotiated and contained provisions that were not in the best interests of the employees. Chubb Fire Safety, on the other hand, contended that the agreement was the result of genuine negotiations and was fair and reasonable.

The Commission examined the negotiation process and the content of the agreement. It found that the agreement had been negotiated in good faith and was appropriately structured, meeting the statutory requirements. The Commission also determined that the agreement did not contain any prohibited content and was fair and reasonable. Therefore, the Commission approved the Chubb Fire Safety Pilbara Electrical Collective Agreement 2013-2016, rejecting the ETUA's objections.

The Commission's final orders included the approval of the agreement, effective from 1 July 2013, for a period of three years. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees in the Pilbara region. The decision confirmed the procedural fairness of the agreement and validated its content, ensuring it would govern the employment conditions of the electricians for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established