Chubb Security Services Limited Summary

[2013] FWCA 4205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Security Services Limited
(AG2013/6900)

CHUBB SECURITY SERVICES LIMITED COFFS HARBOUR ARMOURED VEHICLE OPERATORS’ ENTERPRISE AGREEMENT 2012-2014

Road transport industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 JUNE 2013

Application for approval of the Chubb Security Services Limited Coffs Harbour Armoured Vehicle Operators’ Enterprise Agreement 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Security Services Limited Coffs Harbour Armoured Vehicle Operators’ Enterprise Agreement 2012 - 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Chubb Security Services Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 4 July 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Security Services Limited applied to the Fair Work Commission for the approval of the Chubb Security Services Limited Coffs Harbour Armoured Vehicle Operators' Enterprise Agreement 2012-2014. The applicant is an employer in the security services industry, and the agreement in question pertains to the terms and conditions of employment for armoured vehicle operators in Coffs Harbour. The dispute arose from the negotiation and subsequent approval process of the enterprise agreement.

The primary legal issue before the Fair Work Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "single interest" and "enterprise" agreements, and if it contained mandatory provisions as required by the Act. The applicant argued that the agreement was fairly negotiated and represented the interests of the employees accurately. Conversely, the opposition to the application contended that certain aspects of the agreement did not adequately protect employee rights and benefits.

The Fair Work Commission, after examining the evidence and submissions from both parties, concluded that the agreement largely complied with the legislative requirements. The Commission found that the agreement was a genuine enterprise agreement and was negotiated in good faith. The Commission also determined that the agreement contained the necessary mandatory provisions and was beneficial to the employees. Therefore, the Commission approved the enterprise agreement, finding it to be fair and appropriate for the employees covered by it. The approval was granted subject to certain conditions designed to ensure compliance with the Fair Work Act.

Chubb Security Services Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established