v Chubb Fire & Security Pty Ltd Summary

[2024] FWC 3370

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

(B2024/1581)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 DECEMBER 2024

Application to extend the 30 day period in relation to B2024/1477.

This matter concerns the declaration of the result of a protected action ballot PR781314 held in matter B2024/1477 and declared on 29 November 2024.

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 has advised the Commission that it does not object 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 4 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, presided over by Deputy President Hampton in Adelaide, heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking to extend the 30-day period within which industrial action is authorised by a protected action ballot. The application was in relation to a ballot held and declared on 29 November 2024, under matter number B2024/1477. Chubb Fire & Security Pty Ltd did not oppose the application.

The legal issue before the Commission was whether the 30-day period could be extended pursuant to section 459(3) of the Fair Work Act 2009. The section allows for an extension if certain conditions are satisfied, specifically that the applicant for the protected action ballot order applies for the extension and that the period has not previously been extended. The Union argued that both conditions had been met and that the period should be extended by a further 30 days.

Upon considering the application and the absence of any opposition from Chubb Fire & Security Pty Ltd, Deputy President Hampton was satisfied that the conditions for an extension had indeed been met. The 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and were employed by the Employer was extended by a further 30 days, effective from 4 December 2024. This decision was based on the clear satisfaction of the statutory requirements and the lack of any contrary evidence from the employer.

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