"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

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

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).

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

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

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.

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]

An order has been separately issued in PR767649.

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

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), seeking a protected action ballot order under section 437 of the Fair Work Act 2009. The application pertained to certain employees of Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety. The Respondent did not object to the application, leading the Deputy President to decide to determine the matter based on the submitted papers without a hearing. The AMWU sought to conduct a ballot for protected industrial action, having declared its efforts in bargaining with the Respondent and its intention to reach an agreement. The Deputy President was satisfied that all statutory requirements were met, including the notification time for the proposed agreement.

The legal issues before the court involved verifying the AMWU's compliance with the legislative prerequisites for conducting a protected action ballot. This included ensuring that the union had genuinely attempted to reach an agreement with the Respondent and that all procedural steps were followed as per section 443(1) of the Fair Work Act. The court also needed to determine an appropriate date by which voting was to close, ensuring it complied with sections 443(3)(c) and 448A(2) of the Act. Additionally, the court had to arrange for the ballot to be conducted by Democratic Outcomes Pty Ltd (CiVS), a certified voting organisation.

The Deputy President concluded that the AMWU had met all the necessary criteria for the ballot order, as evidenced by the declaration from the Lead Organiser of the union. The Deputy President set the closing date for voting on the proposed industrial action to be 9 November 2023, after consulting with the parties involved and receiving no objections. The matter was then assigned to another Member of the Commission to oversee the section 448A conference, with potential issuance of directions to ensure meaningful negotiations took place. The Deputy President's decision effectively facilitated the union's ability to conduct the ballot while adhering to the statutory framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established