Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Chubb Fire & Safety Summary

[2024] FWC 844

FAIR WORK COMMISSION

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 & Safety

(B2024/388)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 APRIL 2024

Application to extend the 30 day period in relation to B2024/53.

This matter concerns the declaration of the result of a protected action ballot (PR770653) held in matter B2024/53 and declared on 25 January 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the CEPU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Chubb Fire & Safety has not advised the Commission of any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible CEPU members employed by Chubb Fire & Safety be extended by a further 30 days.

This order will operate on and from 3 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) to extend the 30-day period during which industrial action is authorised by a relevant protected action ballot, initially declared on 25 January 2024. This application pertains to matter B2024/53 and seeks an extension under section 459(3) of the Fair Work Act 2009. Chubb Fire & Safety did not object to the application. The primary legal issue before the Commission was whether the CEPU's application met the statutory requirements for an extension of the period for protected industrial action as specified in the Act.

The Deputy President of the Fair Work Commission, Hampton, found that the application met the statutory criteria for an extension. The relevant requirements were that the application was made by an applicant for the protected action ballot order and that the 30-day period had not been previously extended. Since these conditions were satisfied, the Deputy President was satisfied that the application should be granted. The Deputy President concluded that the period for the commencement of protected industrial action should be extended by a further 30 days.

In accordance with section 459(3) of the Fair Work Act 2009, the Deputy President issued an order extending the 30-day period for the commencement of protected industrial action by CEPU members employed by Chubb Fire & Safety by an additional 30 days, effective from 3 April 2024. This decision ensures that eligible CEPU members have an extended period to potentially undertake industrial action, as authorised by the ballot results declared on 25 January 2024.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Chubb Fire & Safety

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established