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

[2012] FWA 6717

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Chubb Fire and Security Pty Ltd
(B2012/1452)

COMMISSIONER BISSETT

LAUNCESTON, 9 AUGUST 2012

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

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to certain employees of Chubb Fire and Security Pty Ltd (the Respondent). The application was made on 3 August 2012.

[2] Upon being contacted by my associate, the Respondent advised that it would not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When FWA must make a protected action ballot order

(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The CEPU has provided a statutory declaration addressing those matters in s.443(1) of the Act.

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

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the order must be made. The order [PR527629] is based on the draft order provided by the CEPU and is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Chubb Fire and Security Pty Ltd (Chubb). The Union sought authorisation for its members to take protected industrial action in the form of a ballot. The dispute centred on the employees' demands for better wages and working conditions. The FWC was tasked with determining whether the proposed action was protected action as defined under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed action constituted protected action under the Act and whether the Union had complied with the requirements for conducting a lawful ballot. The FWC examined the nature of the proposed action, the process followed by the Union in organising the ballot, and whether the ballot itself complied with the necessary legal standards. The Union argued that the proposed action was in response to unresolved workplace issues, while Chubb contended that the proposed action was not genuinely in pursuit of a better working condition or terms of employment.

The FWC found that the Union had provided sufficient information to support the ballot's necessity and that the process followed by the Union adhered to the legal requirements. The Commission determined that the proposed action was indeed protected action as it was a genuine attempt to address unresolved workplace issues. The FWC authorised the Union to conduct the ballot, concluding that the proposed action was in accordance with the Fair Work Act.

The FWC issued an order authorising the Union to conduct the ballot as proposed, ensuring that the employees could proceed with their intended protected action. This decision provided clarity and legal backing for the Union's efforts to advocate for its members' interests, affirming the importance of the right to protected industrial action within the framework of Australian employment law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established