Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Chubb Fire & Security Pty Ltd
[2024] FWC 3166
•15 NOVEMBER 2024
| [2024] FWC 3166 |
| FAIR WORK COMMISSION |
| 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
(B2024/1477)
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 15 NOVEMBER 2024 |
Proposed protected action ballot of employees of Chubb Fire & Security Pty Ltd
This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU or 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 (Chubb or Employer).
On 15 November 2024, the Commission was advised that the Employer, in effect, did not object to the Application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Bradley McDougall, Organiser, setting out the steps taken by the CEPU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Chubb, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.
The ballot is to be conducted by Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.
In the application, the CEPU sought that the ballot close within five working days of the order on the basis that this is not inappropriate or impracticable because of the following:
The ballot agent has indicated it can manage such a timeline;
There are only 16 members to be balloted; and
The CEPU is the only employee bargaining representative. The only people required to attend any compulsory conference will be the CEPU and the Employer, which would limit the need to allow for extensive notice.
In exercising the discretion in s. 443(3A), the Commission may have regard to the requirements in relation to conducting conferences pursuant to s. 448A.[1] I have had regard to these matters and the submissions of the CEPU and determined that for the purposes of s.443(3)(c) of the Act, the date by which voting is to close is 29 November 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR781314.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.
DEPUTY PRESIDENT
[1] CEPU v Nilsen (NSW) Pty Ltd[2023] FWCFB 134, [66].
[2] This is, in effect, 10 working days from the making of the Order.
Printed by authority of the Commonwealth Government Printer
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