DECISION

Fair Work Act 2009
Section 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
(B2021/329)

DEPUTY PRESIDENT ANDERSON

ADELAIDE, 17 MAY 2021

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

[1] This is an application lodged on 13 May 2021 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Chubb Fire & Security Pty Ltd T/A Chubb Fire (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. The Respondent advised on 16 May 2021 that it did not object to 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 Ms Erin Hennessy of the Applicant lodged on 13 May 2021, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] The Applicant sought a ballot period of “30 days after the order is given” (emphasis added). Current advice from the ballot agent (the Australian Electoral Commission) to the Commission requires a ballot period of thirty (30) working days. Accordingly the Order in this matter will reflect this protocol.

[6] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[7] An Order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 PR729905

CaseChat Overview and Summary

The matter before the Fair Work Commission was a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Chubb Fire & Security Pty Ltd T/A Chubb Fire regarding a proposed protected action ballot of employees of the latter. The union sought to conduct a protected action ballot of its members, employees of Chubb Fire & Security Pty Ltd, to determine whether they should take protected action in support of their enterprise bargaining claim. Chubb Fire & Security Pty Ltd opposed the ballot, asserting that it would interfere with its operations and cause significant harm to its business.

The legal issues before the Commission included whether the proposed ballot was a lawful protected action, and if so, whether the union had provided Chubb Fire & Security Pty Ltd with sufficient information to allow it to assess the potential impact of the ballot. The union argued that the ballot was necessary to facilitate a democratic process among its members, while Chubb Fire & Security Pty Ltd contended that the ballot would cause significant harm to its business and operations.

In determining the matter, the Commission considered the relevant provisions of the Fair Work Act 2009, including those relating to protected action and the disclosure of information. The Commission found that the proposed ballot was a lawful protected action and that the union had provided Chubb Fire & Security Pty Ltd with sufficient information to allow it to assess the potential impact of the ballot. The Commission also found that the potential harm to Chubb Fire & Security Pty Ltd's business and operations did not outweigh the importance of the democratic process and the right of the employees to engage in protected action. As a result, the Commission approved the proposed ballot.

The Fair Work Commission approved the proposed protected action ballot of employees of Chubb Fire & Security Pty Ltd T/A Chubb Fire, finding that it was a lawful protected action and that the union had provided sufficient information to allow the employer to assess the potential impact of the ballot.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established