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

[2014] FWCA 4520

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
(AG2014/1468)

CHUBB FIRE SAFETY ALICE SPRINGS ELECTRICAL TECHNICIANS COLLECTIVE AGREEMENT 2014-2016

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 9 JULY 2014

Application for approval of the Chubb Fire Safety Alice Springs Electrical Technicians Collective Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Alice Springs Electrical Technicians Collective Agreement 2014-2016 (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 (the Applicant). The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, applied for approval of the Chubb Fire Safety Alice Springs Electrical Technicians Collective Agreement 2014-2016. The Fair Work Commission (FWC) was tasked with assessing the agreement, which was registered by the company on 19 June 2014. The application for approval came before Deputy President R J Bennett, who was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. The applicant argued that the agreement was appropriately certified and registered, and that the necessary consultation process had been followed. The respondent contended that the agreement did not meet the statutory requirements for approval. The court had to examine the evidence and submissions to decide if the agreement was validly made and whether it complied with the relevant legislative provisions.

Deputy President Bennett reviewed the application and the supporting documents, including the agreement and the certification process. The Deputy President found that the agreement was made in good faith and that the necessary consultation had occurred. The Deputy President also determined that the agreement met the statutory requirements for approval. Consequently, the Deputy President approved the Chubb Fire Safety Alice Springs Electrical Technicians Collective Agreement 2014-2016.

The final order was that the application for approval of the Chubb Fire Safety Alice Springs Electrical Technicians Collective Agreement 2014-2016 was approved, effective from the date of registration, 19 June 2014.

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