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

[2025] FWC 606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

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

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

(B2025/305)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 FEBRUARY 2025

Application to extend the 30 day period in relation to B2025/210.

This matter concerns the declaration of the result of a protected action ballot PR784069 held in matter B2025/210 and declared on 20 February 2025.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Chubb Fire & Security Pty Ltd trading as Chubb Fire Safety has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 21 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety, with the Fair Work Commission adjudicating on the matter. The union has applied for an extension of the 30-day period during which industrial action is authorised by a protected action ballot. The application was made under section 459(3) of the Fair Work Act 2009. The union's application contends that the statutory requirements for extending the period have been met, and the period should be extended by a further 30 days. Chubb Fire & Security Pty Ltd has indicated it has no objections to the application.

The primary legal issue before the Commission was whether the union's application met the statutory criteria for extending the 30-day period, as outlined in section 459(3) of the Fair Work Act 2009. Specifically, the Commission needed to determine if the union had applied for the extension and whether the period had not previously been extended. The union argued that both conditions were satisfied, and the application should be granted.

After considering the arguments and the absence of any objections from Chubb Fire & Security Pty Ltd, the Deputy President concluded that the application met the statutory criteria. The Commission was satisfied that the union had indeed applied for the extension and that the period had not been previously extended. Consequently, the application was granted, and the 30-day period was extended by a further 30 days.

Pursuant to section 459(3) of the Fair Work Act 2009, the Fair Work Commission ordered that the 30-day period for the commencement of protected industrial action for eligible employees subject to the ballot and employed by Chubb Fire & Security Pty Ltd be extended by a further 30 days. This extension will take effect from 21 March 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established