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

[2023] FWCA 143

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

(AG2022/5450)

CHUBB FIRE & SECURITY PTY LTD TASMANIA SPRINKLER FITTERS COLLECTIVE AGREEMENT –2022 - 2025.

Plumbing industry
COMMISSIONER SPENCER	BRISBANE, 17 JANUARY 2023

Application for approval of the Chubb Fire & Security Pty Ltd Tasmania Sprinkler Fitters Collective Agreement -2022 - 2025

An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd Tasmania Sprinkler Fitters Collective Agreement -2022 - 2025 (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.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 of the Act, will operate from 24 January 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the applicant, Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety, applied for the approval of the Tasmania Sprinkler Fitters Collective Agreement 2022-2025. The respondent, the Australian Council of Trade Unions, contested the application. The matter was heard in the Fair Work Commission, where the central dispute revolved around the fairness and appropriateness of the proposed terms and conditions outlined in the collective agreement.

The primary legal issue before the Commission was to determine whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for a fair and efficient workplace and whether it complied with the 'better off overall test' (BOOT). This test ensures that no employee is worse off by being covered by the agreement than they would be without it.

In reaching its decision, the Commission carefully examined the proposed terms and conditions of the agreement, taking into account the submissions and evidence provided by both parties. The Commission concluded that the agreement met the necessary criteria for approval, as it provided for a fair and efficient workplace and adhered to the BOOT. The terms and conditions were deemed to be reasonable and appropriate for the industry and workforce involved. Consequently, the application for approval was successful, and the Tasmania Sprinkler Fitters Collective Agreement 2022-2025 was approved by the Commission.

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