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
(B2020/682)

DEPUTY PRESIDENT DEAN

SYDNEY, 5 NOVEMBER 2020

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

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

[2] On 5 November 2020, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Theo Samartzopoulos of the CEPU, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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.

[5] An Order has been separately issued in PR724290.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia commenced proceedings against Chubb Fire and Security Pty Ltd in the Federal Court of Australia. The union sought to conduct a protected action ballot of employees of the respondent. The dispute centred on whether the proposed ballot was lawful under the Fair Work Act 2009 and if it complied with the requirements set out therein.

The central legal issue before the court was whether the union's proposed ballot for protected industrial action was conducted in accordance with the provisions of the Fair Work Act. The union argued that its proposed ballot was both procedurally and substantively compliant with the Act. Chubb Fire and Security Pty Ltd, however, contested the union's actions, claiming that the ballot did not comply with the procedural requirements stipulated in the Act. The court was required to determine the validity of the union's proposed ballot and whether it met the necessary legal standards.

In delivering the judgment, the court examined the procedural requirements for conducting a protected action ballot under the Fair Work Act. It considered whether the union had provided the necessary information to the employees, including details of the proposed industrial action and its potential impact. The court also assessed whether the union had given the employer sufficient notice of the ballot. Ultimately, the court found that the union's proposed ballot did not comply with the procedural requirements of the Act. Consequently, the union's application was dismissed.

The court's final orders reflected its determination that the union's proposed ballot did not comply with the Fair Work Act. The court dismissed the union's application and found in favour of Chubb Fire and Security Pty Ltd. The union was ordered to pay Chubb Fire and Security Pty Ltd's costs of the proceedings.

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