Chubb Security Services Limited

[2013] FWCA 2356

[2013] FWCA 2356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Chubb Security Services Limited
(AG2012/11858)

CHUBB SECURITY SERVICES QUEENSLAND, TOWNSVILLE DEPOT ARMOURED VEHICLE OPERATORS ENTERPRISE AGREEMENT 2012-2015

Security services
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 APRIL 2013

Application for approval of variation to Chubb Security Services Queensland, Townsville Depot Armoured Vehicle Operators Enterprise Agreement 2012-2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as Chubb Security Services Queensland, Townsville Depot Armoured Vehicle Operators Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Chubb Security Services Limited.

[2] The application seeks to vary the Agreement by deleting clause 53 “Ordinary Rates of Pay” and inserting a varied clause. The variation is sought to vary the ordinary rates of pay to correct an identified error that resulted from incorrectly translating wage increases to actual wage rates at the time the Agreement was first negotiated and drafted by the parties.

[3] During the course of considering the application it became apparent that there was some confusion regarding the voting process in relation to the proposed variation. Clarification was sought from the Applicant by the Commission on several occasions.

[4] A further “Form F23A Employer’s Declaration in Support of Approval of Variation of Enterprise Agreement” was filed by Mr Richard Krajewski, Employee Relations Manager, on 15 April 2013. This declaration was made by Ms Jenny Clement, Regional Manager of Chubb Security Services Limited, and confirms an error with the Agreement was identified. The Applicant accepts that that error was a “company error”. Ms Clement declares that employees and the Transport Workers’ Union of Australia (the TWU), being an employee organisation covered by the Agreement, were consulted about the identified error. Ms Clement further declares that, in discussing the proposed variation, employees were provided with a copy of the Agreement, as approved, as well as documentation identifying the “actual wage rates”. Ms Clements states that an error occurred in the compilation of the document for lodgement with the Commission.

[5] A declaration in support of the variation has been received from the TWU being an employee organisation entitled to represent the industrial interests of employees covered by the Agreement.

[6] On the basis of the additional declaration provided, and the declaration in support from the TWU, I am satisfied that an error occurred with compiling the documentation for lodgement.

[7] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[8] In light of the nature of the error, the variation will operate from the original date of approval of the agreement by Senior Deputy President Hamberger being 4 July 2012.

[9] A consolidated version of the Agreement is attached to this decision.

DEPUTY PRESIDENT

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