DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire & Security
(AG2016/1248)

CHUBB FIRE AND SECURITY SOUTH EAST QUEENSLAND SERVICE DIVISION - SPRINKLER FITTER ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the Chubb Fire and Security South East Queensland Service Division - Sprinkler Fitter Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire and Security South East Queensland Service Division - Sprinkler Fitter Enterprise Agreement 2016-2019 (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 T/A Chubb Fire & Security. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Chubb Fire & Security Pty Ltd trading as Chubb Fire & Security, applied for approval of the Chubb Fire and Security South East Queensland Service Division - Sprinkler Fitter Enterprise Agreement 2016-2019. The applicant sought the Commission’s approval of the proposed enterprise agreement, as it had not been able to reach an agreement with the respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Manufacturing Workers' Union (AMWU). The application for approval was made under section 230 of the Fair Work Act 2009.

The central legal issues for the Commission were whether the proposed agreement complied with the formal requirements of the Fair Work Act and whether it contained any provisions that contravened the Act's provisions on minimum entitlements or unfair dismissal. The Commission needed to determine whether the agreement was made in good faith and whether it provided for the proper operation of the enterprise.

The Commission held that the proposed agreement met all the formal requirements and contained no provisions that contravened the Act. The Commission found that the agreement was made in good faith and provided for the proper operation of the enterprise. The Commission approved the proposed agreement, stating that it provided for the proper operation of the enterprise and did not contain any provisions that contravened the Act. The Commission’s decision was based on the evidence presented and the submissions made by the parties.

The Commission approved the Chubb Fire and Security South East Queensland Service Division - Sprinkler Fitter Enterprise Agreement 2016-2019, subject to the conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would be in effect from 1 April 2016 until 31 March 2019. The approval was to be published in the Commonwealth Government Gazette and on the Fair Work Commission’s website.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established