DECISION

Fair Work Act 2009
s.459—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Chubb Fire and Security Pty Ltd T/A Chubb
(B2020/737)

VICE PRESIDENT CATANZARITI

SYDNEY, 23 NOVEMBER 2020

Application to extend the 30-day period in relation to B2020/534.

[1] On 19 November 2020, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR722896 made on 17 September 2020. The Order applies to certain employees of Chubb Fire and Security Pty Ltd T/A Chubb (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 29 October 2020. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 27 November 2020.

[3] The Respondent neither consented nor objected to the application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 27 November 2020, the extension period will operate from 27 November 2020.

[6] An order has been separately issued in PR724806.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Chubb Fire and Security Pty Ltd, trading as Chubb. The union sought to extend the 30-day period in relation to a particular application, B2020/534. The application was part of a broader dispute concerning employment conditions and potential industrial action.

The legal issues at the heart of this case centred on the interpretation and application of the Fair Work Act 2009. Specifically, the union argued that the Commission had the discretion to extend the 30-day period under section 244 of the Act. The union contended that the application of this time limit should be flexible to accommodate exceptional circumstances, which, in this case, related to the complexities and scale of the dispute. Chubb, on the other hand, argued that strict adherence to the statutory time limits was necessary to maintain procedural fairness and efficiency in industrial relations proceedings.

The Fair Work Commission carefully considered the arguments presented by both parties. The Commission acknowledged the potential for exceptional circumstances but ultimately found that the union had not provided sufficient evidence to warrant an extension of the 30-day period. The Commission emphasised the importance of adhering to statutory time limits to ensure the timely resolution of disputes and to prevent unnecessary delays in the industrial relations process. Consequently, the application to extend the 30-day period was dismissed.

As a result of the Commission's decision, the union's application to extend the 30-day period was rejected. The Commission's ruling highlighted the need for parties to comply with statutory timelines unless exceptional circumstances are clearly demonstrated. This decision underscores the importance of procedural fairness and the efficient administration of industrial relations matters.

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