1 Fair Work Act 2009 s.437—Protected action Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Chubb Fire and Security Pty Ltd (B2020/534) VICE PRESIDENT CATANZARITI SYDNEY, 17 SEPTEMBER 2020 Proposed protected action ballot of employees of Chubb Fire and Security Pty Ltd. [1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Electrical Division, Qld and NT Divisional Branch (“the ETU”) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Chubb Fire and Security Pty Ltd (Respondent). [2] On 17 September 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 Beau Malone of the Applicant declared on 15 September 2020, setting out the steps taken by it in bargaining with the Respondent and 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 s.443(1) of the Act have been met. [5] An Order has been separately issued in PR722896. [2020] FWC 5022 DECISION [2020] FWC 5022 2 VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <PR722897>