Australian Municipal, Administrative, Clerical and Services Union v Serco Traffic Camera Services (Vic) Pty Ltd

[2024] FWC 41

[2024] FWC 41

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

Australian Municipal, Administrative, Clerical and Services Union
v

Serco Traffic Camera Services (Vic) Pty Ltd

(B2024/7)

DEPUTY PRESIDENT WRIGHT SYDNEY, 8 JANUARY 2024

Application to extend the 30 day period in relation to B2023/1303

1. This matter concerns the declaration of the result of a protected action ballot (PR768799) held in matter B2023/1303 and declared on 14 December 2023.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

1. 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.”

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

1. Serco Traffic Camera Services (Vic) Pty Ltd has advised the Commission it has no objection to this application.

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

1. 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 ASU members employed by Serco Traffic Camera Services (Vic) Pty Ltd be extended by a further 30 days.

1. This order will operate on and from 8 January 2024.

DEPUTY PRESIDENT

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