Chubb Security Holdings Australia Limited T/A Chubb Fire & Security Services Pty Ltd Summary

[2014] FWCA 2944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Security Holdings Australia Limited T/A Chubb Fire & Security Services Pty Ltd
(AG2014/870)

CHUBB FIRE SAFETY PILBARA PORTABLES TECHNICIANS COLLECTIVE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 MAY 2014

Application for approval of the Chubb Fire Safety Pilbara Portables Technicians Collective Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety Pilbara Portables Technicians Collective Agreement 2013 - 2016 (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.

[2] 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] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Security Holdings Australia Limited, trading as Chubb Fire & Security Services Pty Ltd, applied to the Fair Work Commission for approval of the Chubb Fire Safety Pilbara Portables Technicians Collective Agreement 2013-2016. The applicants sought to have the agreement registered as a safety agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centred on the application of the safety agreement provisions in the Fair Work Act and whether the agreement met the criteria for registration.

The primary legal issue before the commission was whether the agreement was a safety agreement within the meaning of the Act. The applicant argued that the agreement contained provisions that were necessary to protect the safety of employees and others, and thus qualified as a safety agreement. The union contended that the agreement did not meet the statutory requirements for such agreements and, as such, should not be registered.

The commission considered the definition of a safety agreement under the Act, which requires that the agreement contain only provisions that are necessary to protect the safety of employees and others. The commission found that the agreement contained provisions that were necessary to protect the safety of employees and others, including provisions relating to the use of portable fire extinguishing equipment and the training and competency of employees. The commission also found that the agreement was necessary to ensure that employees were properly trained and competent to use the equipment, and that the agreement would promote safe practices in the workplace. Accordingly, the commission approved the agreement as a safety agreement.

The commission approved the Chubb Fire Safety Pilbara Portables Technicians Collective Agreement 2013-2016 as a safety agreement under the Fair Work Act. The agreement was registered on 22 May 2014.

Chubb Security Holdings Australia Limited T/A Chubb Fire & Security Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established