Chubb Fire & Security Services T/A Fire Services Australia Summary

[2014] FWCA 8599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Services T/A Fire Services Australia
(AG2014/9857)

CHUBB FIRE SAFETY, TASMANIA, PORTABLE SERVICE TECHNICIANS, COLLECTIVE AGREEMENT, 2014-2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective Agreement, 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective 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 Services T/A Fire Services Australia.The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Services, trading as Fire Services Australia, filed an application for the approval of the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective Agreement, 2014-2017. The application was heard by the Fair Work Commission. The primary dispute centred around whether the collective agreement should be approved as it was presented, or if it required modifications to meet certain legal standards under the Fair Work Act 2009. The issues before the Commission involved the interpretation of the statutory provisions regarding minimum entitlements, the fairness of specific terms, and the overall compliance of the agreement with relevant labour laws.

The Commission considered various aspects of the agreement, including wage rates, classification of employees, and other employment conditions. The legal issues involved determining if the proposed terms were in line with the Fair Work Act's requirements for minimum standards and if any terms were unfair. The Commission examined if the agreement provided adequate protections and benefits to the employees, and if the terms were reasonably necessary for the business operations. The Commission also assessed if the agreement adequately protected employees from exploitation and ensured fair treatment in the workplace.

After thorough examination, the Commission determined that while the agreement was largely compliant with the Fair Work Act, certain terms required amendment to ensure fairness and compliance with minimum standards. The Commission approved the agreement with specific modifications to address these concerns. These modifications included adjustments to wage rates, clarifications on employee classifications, and enhancements to certain benefits provisions. The final orders included the approval of the agreement with the specified amendments, ensuring that it met the necessary legal standards and protected the rights of the employees involved.

Chubb Fire & Security Services T/A Fire Services Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established