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

[2024] FWCA 1325

[2024] FWCA 1325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/840)

CHUBB FIRE & SECURITY PTY LTD , WESTERN AUSTRALIAN, PORTABLE SERVICE TECHNICIANS ENTERPRISE AGREEMENT, 2024 - 2026.

Fire fighting services
COMMISSIONER ALLISON	MELBOURNE, 15 APRIL 2024

Application for approval of the Chubb Fire & Security Pty Ltd, Western Australian, Portable Service Technicians Enterprise Agreement, 2024 - 2026

1. An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd, Western Australian, Portable Service Technicians Enterprise Agreement, 2024 - 2026 (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.

1. On 3 April 2024, my Chambers sent correspondence to the parties outlining a number of potential issues with the Agreement and seeking further documentation and/or response submissions from the Applicant. Having received the Applicant’s response, I am satisfied the following issues have been resolved:

• The Form F17 statutory declaration had not been signed. I sought, and received, a signed declaration from the Employer.

• The Agreement title on the Notice of Employee Representational Rights (NERR) provided to the employees did not match the Agreement to be approved. I am satisfied that this can be characterised as a minor procedural or technical error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

• Clause 26 of the Agreement, relating to compassionate leave, is silent in circumstance of miscarriage or stillbirth, inconsistent with s.104 of the Act. However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

• The Agreement is silent on how non-continuous shiftworkers will be paid. I noted this appeared inconsistent with the Award, which provides that employees who work less than 5 successive afternoon or night shifts must be paid at 150% of the ordinary rate for the first 3 hours and 200% thereafter. I sought and received a written undertaking from the Employer to resolve this issue.

1. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. Subject to the undertaking 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE524204  PR773468>

Annexure A