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

[2023] FWCA 2508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/2423)

CHUBB FIRE & SECURITY SERVICES PTY LTD VICTORIAN, PORTABLE SERVICE TECHNICIANS ENTERPRISE AGREEMENT, –2023 - 2026

Industries not otherwise assigned
COMMISSIONER YILMAZ	MELBOURNE, 11 AUGUST 2023

Application for approval of the Chubb Fire & Security Services Pty Ltd Victorian, Portable Service Technicians Enterprise Agreement, –2023 - 2026

An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Services Pty Ltd Victorian, Portable Service Technicians Enterprise Agreement, –2023 - 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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Worker’s Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 18 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Chubb Fire & Security Pty Ltd to have their proposed enterprise agreement approved by the Fair Work Commission. The agreement in question was the Chubb Fire & Security Services Pty Ltd Victorian, Portable Service Technicians Enterprise Agreement –2023 - 2026. The application was made under the Fair Work Act 2009, and the primary concern was whether the agreement met the necessary legal criteria for approval. The Fair Work Commission was the court that handled the case, with the decision being made by Commissioner Lee.

The legal issues before the court were centred around whether the agreement complied with the requirements of the Fair Work Act. Specifically, the court had to determine if the agreement contained all the mandatory terms and conditions as required by the Act, whether the agreement had been genuinely negotiated between the parties, and if the agreement was in the best interests of the employees. Additionally, the court considered if the agreement met the ‘better off overall test’ which required that the employees were not be worse off financially under the new agreement compared to their previous conditions.

In delivering the decision, Commissioner Lee found that the agreement did indeed meet the statutory requirements and was in the best interests of the employees. The agreement contained all mandatory terms and conditions and was genuinely negotiated between the parties. Furthermore, the employees were not worse off financially under the terms of the new agreement. The Commissioner was satisfied that the agreement was fair and reasonable and would benefit the employees in terms of their working conditions and benefits. Therefore, the court approved the agreement.

The final orders of the court were that the Chubb Fire & Security Services Pty Ltd Victorian, Portable Service Technicians Enterprise Agreement –2023 - 2026 was approved and would be registered by the Fair Work Commission. The agreement would then be applicable to the employees from the date of registration, which was specified in the decision. The court's approval was based on the findings that the agreement met all legal requirements and was in the best interests of the employees.

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