DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire & Security
(AG2015/1383)

CHUBB FIRE SAFETY ACT SPRINKLER FITTER ENTERPRISE AGREEMENT - 2014 - 2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 29 JUNE 2015

Application for approval of the Chubb Fire Safety ACT Sprinkler Fitter Enterprise Agreement -2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety ACT Sprinkler Fitter Enterprise Agreement -2014 - 2017 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Chubb Fire & Security Pty Ltd T/A Chubb Fire & Security. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2015. The nominal expiry date of the Agreement is 30 September 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire & Security, applied to the Fair Work Commission for the approval of the Chubb Fire Safety ACT Sprinkler Fitter Enterprise Agreement 2014-2017. The dispute arose as the applicant sought to have the agreement approved under the Fair Work Act 2009. The nature of the disagreement centred around the provisions within the proposed agreement and whether they adhered to the legal requirements set forth in the Act.

The court had to determine whether the proposed enterprise agreement contained the necessary good faith bargaining provisions and whether it complied with the procedural and substantive requirements of the Fair Work Act. This included examining the agreement's provisions for employee representation, consultation, and the resolution of disputes. Additionally, the court needed to assess if the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed enterprise agreement did not meet the good faith bargaining requirements as it lacked adequate provisions for employee representation and consultation. The Commission also noted that the agreement did not provide for a fair and reasonable resolution of disputes. Consequently, the court refused to approve the enterprise agreement, highlighting the deficiencies in the agreement's provisions and the need for compliance with the Fair Work Act. The Commission's decision underscores the importance of adhering to the legal requirements when drafting and approving enterprise agreements.

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