Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
[2023] FWCA 88
•12 JANUARY 2023
| [2023] FWCA 88 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety
(AG2022/5388)
CHUBB FIRE AND SECURITY PTY LIMITED JANDAKOT WAREHOUSING (SUPPLY CHAIN) ENTERPRISE AGREEMENT 2023 - 2025
| Storage services | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 12 JANUARY 2023 |
Application for approval of the Chubb Fire and Security Pty Limited Jandakot Warehousing (Supply Chain) Enterprise Agreement 2023 - 2025
Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (the Applicant) has made an application for the approval of an enterprise agreement known as the Chubb Fire and Security Pty Limited Jandakot Warehousing (Supply Chain) Enterprise Agreement 2023 - 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
Clause 29 of the Agreement does not permit an employee to request an extension of unpaid parental leave for a further period of up to 12 months following the end of a period of parental leave. Clause 24 of the Agreement does not provide an entitlement to public holiday pay on any other day or part-day declared or prescribed to be a public holiday in accordance with s 115(1)(b) of the Act. Clause 32.5 permits the deduction of ‘any amounts or debts owed by the employee from salary or other payments due to the employee…including any payments due to the employee on termination of their employment.’ Clause 32.7.5 of the Agreement provides that severance pay is not payable where the employer offers suitable alternative employment. However, the provision is not subject to an application under s 120 of the Act.
Although it appears that these clauses, in part, are contrary to various provisions of the National Employment Standards in Part 2-2 of the Act, I am satisfied that the issues are resolved by the inclusion of clause 6.3 of the Agreement.
The Applicant has provided written undertakings. 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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. He was provided with the opportunity to raise and address any objections he had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Agreement was approved on 12 January 2023 and, in accordance with s 54, will operate from 19 January 2023. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
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Annexure A
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