Chubb Security Services Limited

[2013] FWCA 251

FAIR WORK COMMISSION

DECISION

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

Chubb Security Services Limited
(AG2012/14288)

CHUBB SECURITY SERVICES HINDMARSH SOUTH AUSTRALIA DARWIN NORTHERN TERRITORY CASHROOM EMPLOYEES ENTERPRISE AGREEMENT (2012-2013)

Clerical industry
COMMISSIONER HAMPTON	ADELAIDE, 14 JANUARY 2013

Application for approval of the Chubb Security Services Hindmarsh South Australia Darwin Northern Territory Cashroom Employees Enterprise Agreement (2012-2013).

[1] An application has been made for approval of an enterprise agreement known as the Chubb Security Services Hindmarsh South Australia Darwin Northern Territory Cashroom Employees Enterprise Agreement (2012-2013) (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] As a part of the Employer’s declaration in support of the application, the following undertaking was given to clarify the parties intentions:

“Clause 15.2 provides for a shift allowance of 10%.

Clause 24 does not provide for an extra week’s leave for employees classified as shift workers as defined by the National Employment Standards. However in the event that such employees were employed by the company, under the terms of the NES, the extra week’s annual leave would be provided.”

[3] I have sought the views of the bargaining representative and accepted the undertaking pursuant to s.190 of the Act. As a result, the undertaking is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 1 August 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chubb Security Services Limited, sought approval of the Enterprise Agreement for employees working in their cashroom facilities in Hindmarsh, South Australia, and Darwin, Northern Territory. The dispute was heard in the Fair Work Commission, where the applicant argued that the proposed agreement contained terms and conditions that were fair and reasonable, meeting the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether the agreement provided for the protection of employees' rights and interests, and whether it included provisions that were fair and reasonable. The Commission also considered whether the agreement contained appropriate dispute resolution mechanisms.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act. It was satisfied that the agreement provided for the protection of employees' rights and interests and contained provisions that were fair and reasonable. The Commission noted that the agreement included provisions for dispute resolution and that the applicant had provided evidence of good faith bargaining. The Commission approved the proposed agreement, subject to minor amendments.

The Commission's decision was based on the evidence presented and its assessment of the agreement's terms and conditions. The applicant was required to make minor amendments to the agreement before it could be registered with the Fair Work Commission. The decision provides guidance on the types of provisions that are considered fair and reasonable in an enterprise agreement and the importance of good faith bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established