DECISION

Fair Work Act 2009
s.437— Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(B2016/428)

COMMISSIONER HUNT

BRISBANE, 8 APRIL 2016

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

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The CEPU seeks a protected action ballot order in relation to certain employees of Chubb Fire & Security Pty Ltd (the Employer).

[2] I directed that my Associate write to the parties requesting that the Employer advise whether it objected to the Commission considering the application and making the protected action ballot order in the terms of the draft order. The Employer was advised that if no response was received by 4:00pm on Thursday, 7 April 2016, the Commission would consider that the Respondent does not wish to be heard and that the application would be considered on the basis of the material that has been filed.

[3] The Employer did not contact the Commission in relation to the application.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] The CEPU has filed an affidavit of Mr Michael Wiech in support of the application. Mr Michael Wiech is the Assistant State Secretary of the CEPU – Plumbing Division, Queensland & Northern Territory Divisional Branch. Mr Michael Wiech is the Branch Official with responsibility for representing the industrial interests of members employed by the Employer.

[6] I am satisfied that there has been a notification time in relation to the proposed agreement and that bargaining has commenced. Further, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR578808] based largely on the draft provided by the CEPU will issue at the same time as this decision.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Chubb Fire & Security Pty Ltd (the "Company"). The dispute revolves around the Union's proposed protected action ballot, which sought to allow employees to vote on taking industrial action. The matter was heard in the Fair Work Commission (the "Commission").

The central legal issue before the Commission was whether the Union's proposed protected action ballot complied with the requirements of the Fair Work Act 2009 (Cth). Specifically, the Commission had to determine if the ballot notice provided by the Union sufficiently informed the employees about the proposed industrial action and its implications. The Company argued that the ballot notice was inadequate and did not meet the statutory requirements.

The Commission carefully considered the statutory provisions and relevant case law. It found that the ballot notice provided by the Union was deficient in that it did not clearly and adequately inform the employees of the nature and consequences of the proposed industrial action. The notice failed to detail the specific actions the employees were being asked to vote on and did not provide sufficient information to enable an informed decision. Consequently, the Commission ruled that the proposed ballot did not comply with the requirements of the Act. As a result, the Commission disallowed the ballot.

The Commission's decision highlights the importance of ensuring that union ballot notices are clear and comprehensive, providing employees with all necessary information to make an informed decision. The ruling underscores the need for unions to adhere strictly to the statutory requirements when organising industrial action to avoid potential legal challenges.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established