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

[2019] FWCA 8714

[2019] FWCA 8714

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 & Security
(AG2019/4479)

CHUBB FIRE & SECURITY PTY LTD QLD ELECTRONIC SECURITY TECHNICIANS ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER BOOTH	BRISBANE, 24 DECEMBER 2019

Application for approval of the Chubb Fire & Security Pty Ltd QLD Electronic Security Technicians Enterprise Agreement 2019 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Chubb Fire & Security Pty Ltd T/A Chubb Fire & Security (the Applicant) for approval of the Chubb Fire & Security Pty Ltd QLD Electronic Security Technicians Enterprise Agreement 2019 - 2023 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 17 December 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided signed undertakings addressing the concerns raised, on 18 December 2019.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] It is noted the Notice of Employee Representational Rights given by the Applicant provided an Agreement title that differed from the title on the Agreement document, providing the year “2022” instead of “2023”. I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[6] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[7] I observe the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clauses 9.5 and 22.5 – withholding of monies; and

•  Clause 22.10 – abandonment of employment.

[8] However, noting the NES precedence clause at clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] Subject to the undertakings provided and the matters raised at paragraphs [5]-[8], 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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Attachment A