Chubb Security Services Limited

[2013] FWCA 10132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chubb Security Services Limited
(AG2013/11935)

CHUBB SECURITY SERVICES LTD, SOUTH AUSTRALIAN AND NORTHERN TERRITORY CASHROOM AGREEMENT 2013-2016

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 24 DECEMBER 2013

Application for approval of the Chubb Security Services Ltd, South Australian and Northern Territory Cashroom Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Security Services Ltd, South Australian and Northern Territory Cashroom Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Chubb Security Services Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2013. The nominal expiry date is three years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

Chubb Security Services Limited applied to the Fair Work Commission for approval of an enterprise agreement. The proposed agreement was between the company and its employees in South Australia and the Northern Territory. The Fair Work Commission was required to determine whether the agreement satisfied the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees.

The court had to consider whether the agreement complied with the procedural requirements for enterprise agreements and whether it met the provisions of the Act, including the "better off overall test." The court had to consider if the agreement provided for a fair and reasonable term that was not prejudicial to employees.

The Fair Work Commission found that the agreement complied with the procedural requirements of the Act and that it was in the interests of the employees. The agreement provided for a fair and reasonable term and was not prejudicial to employees. The agreement met the "better off overall test" and was approved. The court found that the agreement provided for a fair and reasonable term and did not include any provisions that were contrary to public policy.

The Fair Work Commission approved the enterprise agreement. The agreement was registered, and the parties were bound by its terms. The court found that the agreement was in the interests of the employees and that it complied with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established