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

Case [2023] FWC 511


[2023] FWC 511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

(B2023/177)

VICE PRESIDENT CATANZARITI

SYDNEY, 1 MARCH 2023

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

  1. This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division Queensland Divisional Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety (Respondent).

  1. On 28 February 2023, the Fair Work Commission was advised that the Respondent did not oppose the application.

  1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

  1. On the basis of the material before me, including the statutory declaration of Michael Wiech of the Applicant declared on 27 February 2023, 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.

  1. An Order has been separately issued in PR751313.


VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR751314>

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety [2023] FWC 511
Case
[2023] FWC 511
Decision Date

CaseChat Overview and Summary

The Fair Work Commission received an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division Queensland Divisional Branch for an order allowing a protected action ballot for certain employees of Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety. The application was made under section 437 of the Fair Work Act 2009, and the respondent did not oppose the application. The Vice President, Catanzariti, decided to determine the matter on the papers without holding a hearing.

The legal issues the court needed to decide included whether there was a notification time in relation to the proposed agreement and if the requirements in section 443(1) of the Act had been met. The court examined the statutory declaration of Michael Wiech of the Applicant, which stated that the Applicant had been genuinely trying to reach an agreement with the Respondent and had taken steps in bargaining with them.

The court found that there was a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act had been met. An Order was separately issued in PR751313.

This decision highlights the importance of meeting the legal requirements for a protected action ballot and the role of the Fair Work Commission in ensuring that the process is conducted fairly and in accordance with the law.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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