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

[2023] FWCA 2471

[2023] FWCA 2471

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

(AG2023/2510)

CHUBB FIRE & SECURITY PTY LTD ACT ELECTRICAL ENTERPRISE AGREEMENT – 2023 - 2026

Electrical fire technician industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 8 AUGUST 2023

Application for approval of the Chubb Fire & Security Pty Ltd ACT Electrical Enterprise  Agreement -2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd ACT Electrical Enterprise Agreement – 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety. The Agreement is a single enterprise agreement. 

1. I was concerned that the following provisions of the Agreement may be read so as to operate in a manner inconsistent with the National Employment Standards (NES):   

• clause 11.1 of the Agreement providing that ordinary hours for full-time employees will usually be 8 hours each day which would amount to 40 hours per week, and 

• clause 30.1.1 of the Agreement does not appear to provide compassionate leave for stillbirth / miscarriage consistent with s. 104(1)(b) and (c) of the Act.  

1. In response the employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement. 

1. Subject to the undertakings 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

2. The Agreement was approved on 8 August 2023 and, in accordance with s.54, will operate from 15 August 2023. The nominal expiry date of the Agreement at clause 6 is 30 June 2026. 

DEPUTY PRESIDENT

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