Chubb Security Services Limited Summary

[2013] FWCA 3230

FAIR WORK COMMISSION

DECISION

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

Chubb Security Services Limited
(AG2013/6384)

CHUBB SECURITY SERVICES LIMITED, ARMOURED VEHICLES AND FLEXIBLE CREWING, (SOUTH AUSTRALIA & NORTHERN TERRITORY) ENTERPRISE AGREEMENT, 2013-2016

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 22 MAY 2013

Application for approval of the Chubb Security Services Limited, Armoured Vehicles and Flexible Crewing, (South Australia & Northern Territory) Enterprise Agreement, 2013-2016 .

[1] An application has been made for approval of an enterprise agreement known as the Chubb Security Services Limited, Armoured Vehicles and Flexible Crewing, (South Australia & Northern Territory) Enterprise Agreement, 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chubb Security Services Limited. 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] The Transport Workers’ 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) of the Act I note that the Agreement covers the organisation.

[4] I note the agreement was filed with a Memorandum of Understanding between the parties. It is attached to the agreement for information.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

Chubb Security Services Limited sought approval of a proposed enterprise agreement with its employees in South Australia and the Northern Territory. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement had been made in good faith and whether it provided for the proper protection of employees' interests. The Commission found that the agreement had been made in good faith and provided for the proper protection of employees' interests. It noted that the agreement contained provisions that were consistent with industry standards and that it had been negotiated over an extended period. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes and that it did not contain any provisions that were contrary to public policy. The Commission approved the agreement, noting that it met all the statutory requirements for approval under the Act.

The Fair Work Commission approved the proposed enterprise agreement between Chubb Security Services Limited and its employees in South Australia and the Northern Territory. The Commission found that the agreement had been made in good faith and provided for the proper protection of employees' interests. It noted that the agreement contained provisions that were consistent with industry standards and that it had been negotiated over an extended period. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes and that it did not contain any provisions that were contrary to public policy. As such, the Commission approved the agreement, finding that it met all the statutory requirements for approval under the Fair Work Act 2009. This decision provides guidance to employers and employees on the requirements for an enterprise agreement to be approved by the Commission.

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