ITW Proline

[2014] FWCA 8599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chubb Fire & Security Services T/A Fire Services Australia
(AG2014/9857)

CHUBB FIRE SAFETY, TASMANIA, PORTABLE SERVICE TECHNICIANS, COLLECTIVE AGREEMENT, 2014-2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective Agreement, 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective Agreement, 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chubb Fire & Security Services T/A Fire Services Australia.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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chubb Fire Safety, Tasmania, sought the approval of a collective agreement concerning its portable service technicians. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application. The matter was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed collective agreement met the legal requirements for approval under the Fair Work Act 2009. This involved determining if the agreement complied with the procedural and substantive requirements set forth in the Act. Specifically, the Commission needed to assess whether the agreement was made in good faith, and whether it contained terms that were fair and reasonable.

The Commission first examined the procedural fairness of the agreement, considering whether the agreement was made following proper consultation processes and whether the union's role in the negotiations was legitimate. The Commission found that the agreement was negotiated in good faith and that the union had properly represented the employees. Next, the substantive fairness of the agreement was evaluated, focusing on whether the terms and conditions were fair and reasonable. The Commission took into account the nature of the work, the industry standards, and the bargaining power of the parties. After reviewing the evidence and arguments presented, the Commission concluded that the agreement was fair and reasonable. The Commission approved the collective agreement, noting that it provided appropriate protections and benefits to the employees while balancing the interests of the employer.

The Commission's decision was based on a detailed analysis of both procedural and substantive fairness. It found that the agreement met all necessary criteria for approval under the Fair Work Act. The Commission highlighted the importance of fair and reasonable terms in collective agreements, which ensure that both employees and employers have their interests protected. The final order of the Commission was to approve the Chubb Fire Safety, Tasmania, Portable Service Technicians, Collective Agreement, 2014-2017, as it was made in good faith and contained terms that were fair and reasonable. This decision provided clarity for both parties and established a benchmark for future negotiations in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established