The Australian Workers' Union v Chubb Fire & Security Pty Ltd Summary

[2025] FWC 1521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Workers' Union
v

Chubb Fire & Security Pty Ltd

(B2025/885)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 JUNE 2025

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

This is an application by the Australian Workers' Union (AWU 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 3 June 2025, 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 Massimo Gregorio, Organiser, setting out the steps taken by the AWU 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 18 June 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 PR787887.

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 Australian Workers' Union (AWU) filed an application under section 437 of the Fair Work Act 2009 seeking a protected action ballot order in relation to certain employees of Chubb Fire & Security Pty Ltd (Chubb). The application was made to the Fair Work Commission (FWC) by the AWU, seeking authorisation to conduct a ballot among employees for potential protected action. The employer, Chubb, did not oppose the application, leading the FWC to determine the matter on the available documentation without the need for a hearing. The central issue for the Commission was to ascertain whether the AWU had genuinely attempted to reach an agreement with Chubb and whether all legal requirements for conducting a protected action ballot had been met.

The Deputy President Hampton reviewed the documentation, including a declaration by Massimo Gregorio, the Organiser for the AWU, which detailed the bargaining efforts and the union's genuine attempts to reach an agreement with Chubb. The declaration outlined the steps taken by the AWU and affirmed that it had been making genuine efforts to negotiate. The Commission found that the AWU had met all the necessary requirements under section 443(1) of the Act, including the notification period for the proposed agreement. The ballot was to be conducted by Fair Vote Services Pty Ltd, which had been approved as a ballot agent under section 468A of the Act.

After reviewing the application and associated documentation, the FWC determined that the AWU had fulfilled all legal prerequisites to proceed with the ballot. Consequently, the Deputy President Hampton issued an order setting the closing date for voting at 18 June 2025, which effectively established the ballot period. An Order was separately issued in PR787887, and the matter was assigned to another member of the Commission for a compulsory conciliation conference under section 448A of the Act. This conference aimed to ensure that all bargaining representatives were prepared to engage in meaningful negotiations.

The Australian Workers' Union v Chubb Fire & Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established