Chubb Security Services Limited

[2013] FWCA 1977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Security Services Limited
(AG2013/5280)

CHUBB SECURITY SERVICES LIMITED, COFFS HARBOUR CASH PROCESSING ENTERPRISE AGREEMENT 2012-2014

Clerical industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 APRIL 2013

Application for approval of the Chubb Security Services Limited, Coffs Harbour Cash Processing 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 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] An undertaking has been provided by Mr Richard Krajewski, Employee Relations Manager for Chubb Security Services Limited, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking will be taken to be a term of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Chubb Security Services Limited, Coffs Harbour Cash Processing Enterprise Agreement 2012-2014. The applicant, Chubb Security Services Limited, sought to have the proposed agreement recognised as a protected action agreement under the Fair Work Act 2009. The respondents included a union, the Retail and Fast Food Workers Union, and individual employees of the applicant company.

The legal issues before the Commission were primarily whether the proposed agreement met the statutory requirements for approval, including whether it complied with the 'better off overall test' and whether it was made in good faith and without coercion. The Commission needed to consider the content of the agreement, the process through which it was negotiated, and whether it provided for the resolution of any potential disputes. Additionally, the Commission had to ensure that the agreement was consistent with the Fair Work Act’s objectives and did not undermine the safety net of minimum entitlements.

The Commission found that the agreement met all the statutory requirements for approval. It was satisfied that the agreement was made in good faith, without coercion, and that the parties had genuinely negotiated the terms. The Commission also confirmed that the agreement complied with the 'better off overall test', meaning that it provided employees with a total package of pay and conditions at least as good as those provided under the relevant award or safety net. The Commission highlighted that the agreement included provisions for fair and transparent dispute resolution mechanisms, which was a positive aspect. Consequently, the Commission approved the proposed agreement as a protected action agreement.

The Commission’s final order was that the Chubb Security Services Limited, Coffs Harbour Cash Processing Enterprise Agreement 2012-2014 be approved as a protected action agreement, effective from the date of the decision. The agreement would then be registered with the Fair Work Commission and would provide the basis for employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established