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

[2024] FWCA 1510

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

(AG2024/1269)

CHUBB FIRE & SECURITY PTY LTD BUNBURY VEHICLE FIRE SUPPRESSION AND FIRE TECHNICIANS ENTERPRISE AGREEMENT 2024 - 2027

Fire fighting services
DEPUTY PRESIDENT O'KEEFFE	PERTH, 24 APRIL 2024

Application for approval of the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression and Fire Technicians Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression And Fire Technicians Enterprise Agreement 2024 - 2027 (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 Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 February 2024 and the Agreement was made on 12 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, and an application for the approval of their enterprise agreement, the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression and Fire Technicians Enterprise Agreement 2024 - 2027. The application was made to the Fair Work Commission, which had the jurisdiction to approve the agreement under the Fair Work Act 2009. The application sought the Commission's approval of the enterprise agreement as meeting the "better off overall test," which requires that employees be no worse off financially and have at least one additional non-financial benefit compared to the relevant award or registered agreement.

The primary legal issues for the Commission to decide were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act and whether it satisfied the "better off overall test." This involved assessing whether the agreement provided employees with financial outcomes that were no worse off and at least one non-financial benefit that was better than those provided under the Fire Protection Industry Award 2010. The Commission also needed to determine if the agreement was properly negotiated and if it contained appropriate mechanisms for resolving disputes.

In its decision, the Fair Work Commission thoroughly examined the provisions of the enterprise agreement against the requirements of the Act. The Commission noted that the agreement provided for a 3.25% annual wage increase over the three-year period, which, when combined with the existing conditions, was found to meet the "better off overall test" for the majority of employees. The Commission also identified several non-financial benefits, including additional leave provisions and improved training opportunities, which contributed to the overall assessment. After considering the evidence presented and the statutory criteria, the Commission concluded that the agreement was appropriately negotiated and met all the necessary conditions for approval under the Act. Consequently, the Commission approved the enterprise agreement as compliant with the requirements of the Fair Work Act.

The final orders of the Commission were to approve the Chubb Fire & Security Pty Ltd Bunbury Vehicle Fire Suppression and Fire Technicians Enterprise Agreement 2024 - 2027 as meeting the "better off overall test" and all other statutory requirements under the Fair Work Act. The approved agreement was registered with the Commission, and it came into effect on the date specified within the agreement, binding the parties to its terms for the designated period.

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