Chubb Fire & Security Services Pty Ltd

[2022] FWCA 1465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Services Pty Ltd

(AG2022/939)

Chubb Fire & Security Pty Ltd South East Queensland Sprinkler Fitter Enterprise Agreement 2022 - 2025

Fire fighting services
COMMISSIONER HUNT	BRISBANE, 5 MAY 2022

Application for approval of the Chubb Fire & Security Pty Ltd South East Queensland Sprinkler Fitter Enterprise Agreement 2022 - 2025

Chubb Fire & Security Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd South East Queensland Sprinkler Fitter Enterprise Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The CEPU advised that it does not take issue with the undertakings provided.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The CEPU 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) of the Act I note that the Agreement covers the CEPU

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2022. The nominal expiry date of the Agreement is 31 January 2025.

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 Services Pty Ltd, applied for the approval of the proposed Chubb Fire & Security Pty Ltd South East Queensland Sprinkler Fitter Enterprise Agreement 2022 - 2025. The dispute involved the terms and conditions of employment for the employees of the applicant company, who are classified as sprinkler fitters under the award. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues for the Commission to resolve were whether the proposed agreement was a "bargaining agreement" as defined by the Fair Work Act, and whether it met the requirements for approval. Specifically, the Commission had to consider whether the agreement had been made in good faith, whether it was appropriately certified by an independent certifier, and whether it complied with the procedural requirements set out in the Act. Furthermore, the Commission examined whether the proposed agreement provided for appropriate protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms.

In rendering its decision, the Commission noted that the proposed agreement had been made in good faith and had been certified by an independent certifier. The Commission also found that the agreement complied with the procedural requirements of the Fair Work Act, including the provision of a copy of the proposed agreement to all relevant employees and the opportunity for employees to seek independent legal advice. Additionally, the Commission determined that the proposed agreement provided for appropriate protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. Accordingly, the Commission approved the proposed agreement as a "bargaining agreement" under the Fair Work Act.

The Commission approved the proposed Chubb Fire & Security Pty Ltd South East Queensland Sprinkler Fitter Enterprise Agreement 2022 - 2025, effective from the date of the decision. The approval is subject to the terms and conditions set out in the agreement, which now form the basis of the employment relationship between the applicant company and its employees in the specified classification. The agreement will remain in effect until the end of the agreed term or until it is replaced by a new agreement or award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established