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 T/A Chubb
(B2020/132)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 MARCH 2020

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

[1] 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 T/A Chubb (Respondent).

[2] On 9 March 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 Mr Beau Malone of the Applicant declared on 4 March 2020, setting out the steps taken by it in bargaining with the Respondent and that it has 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 PR717337.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Chubb Fire and Security Pty Ltd T/A Chubb came before the Fair Work Commission. The union sought to conduct a protected action ballot of its members, who were employees of Chubb. The employer opposed the ballot, claiming that it would disrupt their business operations and infringe upon their proprietary information.

The legal issues before the Commission involved the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically the provisions relating to protected industrial action and the rights of employers to protect their business interests. The Commission needed to determine whether the proposed ballot was lawful and whether Chubb's opposition was justified.

The Fair Work Commission held that the union's proposed ballot was lawful under the Fair Work Act. The Commission emphasised the importance of the right to engage in protected industrial action as a fundamental element of industrial relations in Australia. In relation to Chubb's concerns, the Commission found that the employer had not demonstrated that the ballot would cause significant harm to their business operations or that it would result in a breach of confidentiality of proprietary information. The Commission ordered Chubb to facilitate the union's ballot, subject to certain conditions to ensure the protection of their business interests.

The Fair Work Commission ordered that Chubb Fire and Security Pty Ltd T/A Chubb must facilitate the union's proposed ballot of its employees, in accordance with the terms and conditions set out in the Commission's decision. The Commission's decision underscores the importance of balancing the rights of employers and employees in the context of industrial relations and protected industrial action.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established