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 Safety
(B2021/283)

DEPUTY PRESIDENT ANDERSON

ADELAIDE, 23 APRIL 2021

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

[1] This is an application lodged on 22 April 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 (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 24 April 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 22 April 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 PR728950

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 & Security Pty Ltd, trading as Chubb Fire Safety. The dispute centred around a proposed industrial action ballot by employees of Chubb Fire & Security Pty Ltd, which the union intended to conduct. The union aimed to ballot its members for potential protected action, but Chubb Fire & Security challenged the ballot, claiming it was not validly called.

The central legal issue before the Commission was whether the union had followed the correct procedures under the Fair Work Act 2009 in calling for the proposed industrial action. Specifically, the Commission had to determine if the union had provided the necessary information to the employer and if the ballot met the statutory requirements for being a protected action. The employer argued that the ballot did not comply with the procedural requirements, as it lacked specific details about the proposed action and did not include a reasonable opportunity for the employer to respond.

The Fair Work Commission examined the statutory provisions governing industrial action and the procedural requirements for conducting a ballot. It found that the union had not provided Chubb Fire & Security with sufficient details regarding the proposed action, nor had it allowed a reasonable opportunity for the employer to respond. As a result, the Commission ruled that the ballot did not comply with the requirements of the Act and was therefore invalid. The Commission concluded that the union's failure to adhere to the procedural steps undermined the legitimacy of the proposed action and rendered the ballot ineffective.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established