DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Security
(AG2018/6350)

CHUBB AND ETU VICTORIA ELECTRONIC SECURITY COLLECTIVE AGREEMENT, 2018-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MARCH 2019

Application for approval of the Chubb and ETU Victoria Electronic Security Collective Agreement, 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Chubb and ETU Victoria Electronic Security Collective Agreement, 2018-2021 (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 Security. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Chubb Fire & Security Pty Ltd, trading as Chubb Security, and the Electrical Trades Union of Victoria. The nature of the dispute was an application by Chubb Security for the approval of the Electronic Security Collective Agreement, 2018-2021, with the ETU Victoria. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided fair and reasonable terms for the employees covered by it, and whether it complied with the procedural requirements for approval. Specifically, the Commission had to consider whether the agreement had been genuinely bargained between the parties, and if it contained minimum terms as required by the Act. Additionally, the Commission needed to assess whether the agreement met the criteria for approval, such as not prejudicing the employees’ right to take protected industrial action.

In reaching its decision, the Commission examined the process by which the agreement was negotiated, the content of the agreement itself, and the submissions made by both parties. The Commission noted that the agreement had been negotiated in good faith and that it contained terms that were fair and reasonable. It was also determined that the agreement met the requirements of the Act and did not unduly restrict the employees' right to take protected action. The Commission found that the agreement provided a comprehensive set of terms and conditions that were beneficial to both the employer and the employees. Consequently, the Commission approved the agreement under section 233 of the Fair Work Act 2009.

The final orders of the Commission were that the Electronic Security Collective Agreement, 2018-2021, between Chubb Security and the ETU Victoria be approved as a registered agreement. This decision was made effective from the date of the approval, and it provided a clear framework for the terms of employment between the parties for the duration of the agreement.

Chubb Fire & Security Pty Ltd T/A Chubb Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established