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

[2023] FWC 1100

FAIR WORK COMMISSION

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

(B2023/405)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 MAY 2023

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

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

On 8 May 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Beau Malone of the Applicant declared on 4 May 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, 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.

An Order has been separately issued in PR761757.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking an order under section 437 of the Fair Work Act 2009 for a ballot of employees of Chubb Fire and Security Pty Ltd regarding proposed protected action. The union's application was made after the company indicated it did not oppose the application. The Vice President, Catanzariti, decided to proceed with the determination without a hearing given the circumstances.

The primary legal issue before the Commission was whether the union had met the requirements under the Fair Work Act for conducting a protected action ballot. This involved verifying that the union had genuinely attempted to reach an agreement with the employer and that the statutory notification period had been adhered to. The union submitted a statutory declaration from Beau Malone, confirming the steps taken in negotiations and the efforts to reach an agreement with the company.

The Vice President found that the union had indeed fulfilled the statutory obligations, as evidenced by the declaration and the other material presented. The union had attempted to negotiate with the company and was genuinely trying to reach an agreement. Additionally, the statutory notification period was respected. Based on this, the Vice President was satisfied that the conditions for proceeding with a ballot were met. A separate order was issued in PR761757 to facilitate the ballot.

The final orders included granting the union's application for a protected action ballot, confirming that the statutory requirements were satisfied, and authorising the ballot to proceed as requested. This decision underscores the importance of good faith negotiations and adherence to legal procedures in industrial disputes under the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established