"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

[2023] FWC 2817

[2023] FWC 2817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

(B2023/1168)

DEPUTY PRESIDENT WRIGHT SYDNEY, 26 OCTOBER 2023

Proposed protected action ballot of employees of Chubb Fire & Security Pty Ltd Trading As Chubb Fire Safety

1. This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (Chubb or Respondent). 

1. On 26 October 2023, the Commission was advised that the Respondent did not object to the Application.

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

1. On the basis of the material before me, including the declaration of Mr Joshua John Blundell Thornton, Lead Organiser setting out the steps taken by the AMWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with Chubb, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.  

1. The ballot is to be conducted by the Democratic Outcomes Pty Ltd (CiVS). For the purposes of s.443(3)(c) and s.448A(2) of the Act, the Commission has determined that the date by which voting is to close is 9 November 2023.[1] 

1. An order has been separately issued in PR767649.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A conference. The Member will issue the Order requiring attendance at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] On 26 October 2023, the Commission sent an email to the parties, proposing that the date by which voting is to close is 9 November 2023. No objections were raised by either party.

Printed by authority of the Commonwealth Government Printer

<PR767648>