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

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Chubb Fire and Security Pty Limited, trading as Chubb Fire Safety, made an application to the Fair Work Commission for the approval of the Enterprise Agreement between them and their employees. The enterprise agreement in question, the Jandakot Warehousing (Supply Chain) Enterprise Agreement 2023 - 2025, was proposed to cover employees of the applicant company working in the warehousing and supply chain sectors. The applicant argued that the proposed agreement provided for fair and reasonable terms and conditions of employment and that its approval would promote industrial peace and productivity. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the statutory criteria set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the public interest, if it promoted industrial peace and productivity, and if it was fair and reasonable in all its terms. The Commission also needed to consider whether the agreement had been genuinely negotiated between the parties and if the proper procedural requirements had been satisfied. The applicant argued that the agreement was fair and reasonable and had been genuinely negotiated, while the respondents raised concerns about the provisions related to shift patterns and the classification of employees.

In assessing the application, the Commission considered the evidence and submissions from both the applicant and the respondents. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for shift patterns, classification, and pay rates. The Commission also found that the agreement had been genuinely negotiated and that the proper procedural requirements had been satisfied. The Commission concluded that the proposed agreement was in the public interest and promoted industrial peace and productivity. Accordingly, the Commission approved the Jandakot Warehousing (Supply Chain) Enterprise Agreement 2023 - 2025.

The Fair Work Commission approved the Jandakot Warehousing (Supply Chain) Enterprise Agreement 2023 - 2025, finding that it met the statutory requirements for approval under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, had been genuinely negotiated, and promoted industrial peace and productivity. The agreement is now in effect and will govern the employment conditions of the relevant employees for the next three years.

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