DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Chubb Fire & Security Pty Ltd
(B2020/108)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 26 FEBRUARY 2020

Proposed protected action ballot of employees of Chubb Fire & Security Pty Ltd.

[1] This is an application by The Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Chubb Fire & Security Pty Ltd (Respondent).

[2] On 26 February 2020, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr P Konaris of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR717056.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Australian Workers' Union, The v Chubb Fire & Security Pty Ltd, the Fair Work Commission was tasked with addressing a dispute concerning the conduct of a proposed ballot of employees of Chubb Fire & Security Pty Ltd. The Australian Workers' Union sought to organise a ballot of the employees to ascertain their support for potential protected actions, such as a strike. Chubb Fire & Security Pty Ltd contested the ballot, leading to the legal issue of whether the ballot was appropriately organised under the applicable industrial laws.

The legal issues before the Commission involved the interpretation and application of the relevant sections of the Fair Work Act 2009, particularly those concerning the procedural requirements for a protected action ballot. The Commission had to determine whether the union had correctly followed the statutory processes, including whether the ballot notice was properly served on the employer and employees, and whether the ballot complied with the necessary conditions and timelines.

The Fair Work Commission held that the union had not adhered to the statutory requirements for organising the ballot. The Commission found that the ballot notice was not properly served on the employer, and there were deficiencies in the communication to the employees. As a result, the Commission ruled that the ballot was invalid and could not proceed. The union's failure to comply with the legal requirements meant that the ballot did not meet the necessary standards, and therefore the proposed action could not be supported under the Act.

The Fair Work Commission ordered that the proposed ballot of the employees of Chubb Fire & Security Pty Ltd be declared invalid and could not proceed. The union was directed to take steps to rectify the procedural errors and ensure that any future ballot complied with the relevant provisions of the Fair Work Act 2009. This decision underscores the importance of strict adherence to the legal requirements when organising a ballot for protected actions, highlighting the need for unions to meticulously follow the prescribed processes to ensure validity.

Australian Workers' Union, The v Chubb Fire & Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established