Chubb Fire & Security Services Pty Ltd

[2022] FWCA 1171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chubb Fire & Security Services Pty Ltd

(AG2022/884)

Chubb Fire & Security Pty Ltd NSW Systems Division Electrical Collective Agreement –2022 - 2025

Fire fighting services
DEPUTY PRESIDENT DEAN	CANBERRA,5 APRIL 2022

Application for the approval of Chubb Fire & Security Pty Ltd NSW Systems Division Electrical Collective Agreement 2022 – 2025.

An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd NSW Systems Division Electrical Collective Agreement 2022 - 2025 (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 Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

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.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 28 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Chubb Fire & Security Services Pty Ltd, the Fair Work Commission was called upon to consider the application for the approval of the Chubb Fire & Security Pty Ltd NSW Systems Division Electrical Collective Agreement 2022 – 2025. The applicants, Chubb Fire & Security Services Pty Ltd, sought the approval of the agreement under the Fair Work Act 2009, with a view to ensuring that the terms of employment for the employees in the NSW Systems Division Electrical sector were fairly negotiated and in line with the statutory provisions.

The primary legal issues the court had to resolve centred around whether the collective agreement met the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the compliance of the agreement with the provisions of the Act. This involved an examination of the process through which the agreement was negotiated and whether the agreement itself contained terms that were consistent with the broader objectives of the Act, including the protection of employees' rights and interests.

The Fair Work Commission found that the agreement was fairly negotiated and complied with the statutory requirements. The Commission was satisfied that the process adhered to the principles of procedural fairness and that the agreement contained terms that were reasonable and equitable. Notably, the Commission highlighted the inclusion of provisions that aligned with the objectives of the Fair Work Act 2009, such as provisions for fair and transparent dispute resolution mechanisms and provisions that ensured the protection of employees' rights. Consequently, the application for approval was granted.

The Commission's decision was predicated on a detailed analysis of the negotiation process and the content of the collective agreement, confirming that both met the legal standards set forth by the Act. The approval of the agreement ensures that the terms of employment for the employees in the NSW Systems Division Electrical sector are governed by a fair and legally compliant collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established