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

[2023] FWC 644

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

Chubb Fire and Security Pty Ltd

(B2023/247)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 MARCH 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 17 March 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 15 March 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 PR760371.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking a protected action ballot order in relation to employees of Chubb Fire and Security Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The union intended to hold a ballot to potentially take protected action, which involves industrial action that is protected from legal consequences if certain conditions are met. Chubb Fire and Security Pty Ltd did not oppose the union's application, leading the Commission to proceed with the decision based on the material provided.

The key legal issues involved determining whether the union had genuinely tried to reach an agreement with the employer, and whether the statutory notification period for the proposed agreement had been met. These issues were crucial for the Commission to decide if the ballot could proceed under the Act. The union's statutory declaration detailed the steps taken in negotiations and affirmed its genuine efforts to reach an agreement. The Commission found that the union had met the requirements of section 443(1) of the Act.

The Fair Work Commission found that the union had genuinely attempted to negotiate with the employer and that the statutory notification period had been adhered to. Given that the employer did not oppose the application, the Commission decided to grant the union's application. An order was issued allowing the union to proceed with the ballot as per the provisions of the Fair Work Act. This decision was based on the union's efforts and the statutory requirements being met.

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