Chubb Security Services Limited

[2013] FWCA 618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Chubb Security Services Limited
(AG2013/95)

CHUBB SECURITY SERVICES LIMITED, TASMANIA, ARMOURED VEHICLE OPERATORS' AGREEMENT 2011 - 2015

Road transport industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 29 JANUARY 2013

Application for approval of the Chubb Security Services Limited, Tasmania, Armoured Vehicle Operators' Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Security Services Limited, Tasmania, Armoured Vehicle Operators' Agreement 2011-2015 (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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 5 February 2013. The nominal expiry date of the Agreement is 17 February 2015.

[4] 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), I note that the Agreement covers the organisation.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Security Services Limited sought approval of the Tasmania Armoured Vehicle Operators' Agreement 2011-2015, which governed the terms of employment for its armoured vehicle operators in Tasmania. The Fair Work Commission heard the application, as it was required to assess the agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, covered the necessary employees, and did not contain any provisions that would disadvantage employees.

The Commission found that the agreement was a genuine enterprise agreement as it had been negotiated in good faith and covered the necessary employees. It also concluded that the agreement did not contain any provisions that would disadvantage employees. Consequently, the Commission approved the Tasmania Armoured Vehicle Operators' Agreement 2011-2015.

The Fair Work Commission approved the Tasmania Armoured Vehicle Operators' Agreement 2011-2015, confirming its validity and compliance with the Fair Work Act. The agreement, which sets the terms and conditions of employment for armoured vehicle operators in Tasmania, was deemed to be a genuine enterprise agreement negotiated in good faith and covering the necessary employees. Furthermore, the agreement was found to not contain any provisions that would disadvantage employees, leading to its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established