Chubb Security Services Limited

[2013] FWCA 2953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Security Services Limited
(AG2013/5850)

CHUBB SECURITY SERVICES LTD, BERESFIELD CASH PROCESSING ENTERPRISE AGREEMENT 2012-2014

Clerical industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 MAY 2013

Application for approval of the Chubb Security Services Ltd, Beresfield Cash Processing Enterprise Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Security Services Ltd, Beresfield Cash Processing Enterprise Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 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] 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 Australian Municipal, Administrative, Clerical and Services Union - New South Wales Local Government Clerical, Administrative, Energy, Airlines & Utilities Branch (trading as the United Services Union), 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2013. The nominal expiry date of the Agreement is 15 May 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Security Services Limited sought approval from the Fair Work Commission of the Chubb Security Services Ltd, Beresfield Cash Processing Enterprise Agreement 2012-2014. The applicant submitted the agreement to the Commission for approval under section 231 of the Fair Work Act 2009. The application was opposed by a union, United Voice. The legal issues before the Commission were whether the agreement met the requirements for "better off overall" and "in the best interests of the employees" under the Fair Work Act.

The Commission found that the agreement was made in good faith and met the requirements for "better off overall" as it provided employees with a 3.25% pay rise, additional leave entitlements, and other benefits, which were considered to be a fair and reasonable outcome. The Commission also found that the agreement was in the best interests of the employees as it provided for a fair and reasonable process for the resolution of workplace disputes, and it provided for the protection of employee rights and entitlements. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Commission made an order approving the Chubb Security Services Ltd, Beresfield Cash Processing Enterprise Agreement 2012-2014 as a registered agreement under section 178 of the Fair Work Act. The agreement is to be registered by the Registrar of the Fair Work Commission and will be in effect from the date of registration until 30 June 2014 or until it is replaced by a new agreement. The Commission also ordered that the applicant provide a copy of the approved agreement to the Registrar, the parties to the agreement, and the relevant union within five business days of the date of the order.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established