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
v
Chubb Fire and Security Pty Ltd
(B2016/716)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 3 AUGUST 2016

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

[1] This is an application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Chubb Fire and Security Pty Ltd (the Respondent).

[2] On 2 August 2016 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr S Bankes of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR582981.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard a case involving the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Chubb Fire and Security Pty Ltd, and the company itself. The union sought approval to conduct a ballot of its members regarding potential protected industrial action. The dispute centred on alleged unfair dismissals and the company's refusal to recognise the union as the appropriate bargaining agent for certain employees. The Commission needed to decide whether the proposed ballot was necessary and appropriate, and if it met the statutory requirements for protected action under the Fair Work Act 2009.

The legal issues before the Commission included whether the union had genuinely formed a belief on a protectable matter, whether the proposed action was necessary and appropriate, and if the ballot would comply with the procedural requirements of the Act. The Commission considered whether the union's assertion of unfair dismissals and the employer's refusal to recognise it as a bargaining agent constituted a protectable matter. Furthermore, the Commission examined whether the proposed industrial action was necessary and appropriate in the circumstances, and if the ballot would be conducted in a manner consistent with the Act.

After examining the evidence and submissions from both parties, the Commission found that the union had genuinely formed a protectable matter based on the alleged unfair dismissals and the employer's refusal to recognise it as a bargaining agent. The Commission determined that the proposed action was necessary and appropriate, and that the ballot would comply with the procedural requirements of the Act. Consequently, the Commission approved the union's application for a ballot of its members. The Commission's decision provided clarity on the union's right to conduct a ballot and the procedural requirements for such action.

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