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

[2023] FWCA 773

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2023/459)

Chubb Fire and Security Pty Ltd Bunbury Sprinkler Fitters Enterprise Agreement - 2022 - 2025

Plumbing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 MARCH 2023

Application for approval of the Chubb Fire and Security Pty Ltd Bunbury Sprinkler Fitters Enterprise Agreement - 2022 – 2025 – correction to nominal expiry date

The nominal expiry date of the Agreement in paragraph [5] is corrected to 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved Chubb Fire and Security Pty Ltd, trading as Chubb Fire and Security, which sought approval for a single-enterprise agreement. This agreement, known as the Chubb Fire and Security Pty Ltd Bunbury Sprinkler Fitters Enterprise Agreement – 2022 – 2025, was intended to govern the terms and conditions of employment for the company's Bunbury Sprinkler Fitters, spanning the period from 2022 to 2025. The application for approval was made under the Fair Work Act 2009, specifically section 185, which provides for the approval of such agreements by the Fair Work Commission.

The primary legal issue before the Commission was the correction of the nominal expiry date of the enterprise agreement. The agreement originally stated an expiry date of 31 December 2024, but the applicant sought to correct this to 31 December 2025. The Commission was tasked with determining whether the correction was permissible under the Fair Work Act and whether it adhered to the requirements for the approval of enterprise agreements.

The Deputy President, Millhouse, found that the correction of the nominal expiry date was within the powers of the Commission under section 185 of the Fair Work Act. The Deputy President noted that the correction was a minor clerical error that did not alter the substantive terms and conditions of the agreement. The Deputy President also considered that the correction would not have any adverse effect on the employees or the employer and would ensure the agreement remained in force for the intended duration. Consequently, the Deputy President approved the correction of the nominal expiry date to 31 December 2025.

In summary, the Fair Work Commission approved the correction to the nominal expiry date of the Chubb Fire and Security Pty Ltd Bunbury Sprinkler Fitters Enterprise Agreement – 2022 – 2025, changing it from 31 December 2024 to 31 December 2025. This decision was based on the clerical nature of the error and the lack of any substantive changes to the agreement. The approval was made under section 185 of the Fair Work Act 2009, ensuring the agreement remained valid and enforceable for the intended period.

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