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

[2025] FWC 2012

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 T/A Chubb Fire Safety

(B2025/1120)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 15 JULY 2025

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

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia acting through its Plumbing Division (CEPU – Plumbing Division 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 trading as Chubb Fire Safety (Chubb or Employer).

On 14 July 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

I note that the Applicant confirmed the correct entity name of the Employer following the Commission raising inconsistencies between the application and ABN provided. In that light, I have granted leave to amend the application and otherwise dealt with the application on the papers.

On the basis of the material before me, including the declaration of Justin Maxwell, Acting State Secretary, setting out the steps taken by the CEPU – Plumbing Division 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 29 July 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR789212.

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] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, represented by Deputy President Hampton, was presented with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) acting through its Plumbing Division, seeking a protected action ballot order concerning employees of Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety. The union aimed to conduct a ballot to authorize protected industrial action due to ongoing disputes in their negotiations with the employer. Chubb Fire & Security Pty Ltd, while not formally objecting to the application, was deemed to have acquiesced, effectively allowing the process to proceed.

The primary legal issue before the Commission was whether the union met the statutory requirements under the Fair Work Act 2009 to proceed with a ballot for protected industrial action. Specifically, the Commission had to determine if the union had genuinely attempted to reach an agreement with the employer and if all procedural prerequisites for conducting a ballot were satisfied. Additionally, the Commission had to ascertain whether the ballot agent was suitably approved and whether the proposed ballot period was reasonable.

The Deputy President found that the CEPU had fulfilled all the requirements set forth in the Fair Work Act. The union demonstrated that it had been genuinely attempting to reach an agreement with Chubb, as evidenced by the steps outlined in the declaration of Justin Maxwell, Acting State Secretary of the union. Furthermore, the proposed ballot agent, Democratic Outcomes Pty Ltd (CiVS), was approved under the Act, thereby authorizing them to conduct the ballot. The Commission set the closing date for the ballot as 29 July 2025, which aligned with the union's request for a ten-working-day period. Consequently, the application was granted, and the matter was scheduled for a compulsory conciliation conference under section 448A of the Act.

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