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 & Security Pty Ltd T/A Chubb Fire & Security
(B2019/456)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 JUNE 2019

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

[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 (Act) for a protected action ballot order in relation to certain employees of Chubb Fire & Security Pty Ltd T/A Chubb Fire & Security (Respondent).

[2] On 7 June 2019, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Chris Clark of the Applicant 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.

[5] An order has been separately issued in PR709159.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia versus Chubb Fire and Security Pty Ltd trading as Chubb Fire and Security, the Fair Work Commission was tasked with resolving a dispute concerning the conduct of a proposed protected action ballot of employees. The union sought to conduct a ballot amongst its members for a potential industrial action, which the employer contested on the basis that it had not been properly notified.

The primary legal issue the Commission had to address was whether the union had complied with the procedural requirements set out in the Fair Work Act 2009 when it sought to conduct the ballot. Specifically, the employer argued that the union had failed to provide the required written notice of the ballot in accordance with the statutory provisions. The Commission examined the evidence and submissions from both parties to determine whether the union had met its obligations under the Act.

In its decision, the Fair Work Commission found that the union had not provided the employer with the requisite written notice of the proposed ballot. The Commission held that the notice provided by the union was insufficient as it did not comply with the format and content requirements prescribed by the Act. As a result, the union's application to conduct the ballot was dismissed. The Commission emphasised the importance of strict compliance with the notification requirements to ensure that employers have adequate opportunity to respond and to protect their rights.

The Fair Work Commission ordered that the union's application to conduct the ballot be dismissed and no further action be taken in relation to the proposed industrial action without proper notification to the employer. This ruling underscores the necessity for unions to adhere to statutory requirements when organising industrial action to avoid procedural flaws that could invalidate their actions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established