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

[2023] FWC 3145

[2023] FWC 3145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Serco Traffic Camera Services (Vic) Pty Ltd T/A Serco

(B2023/1303)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 30 NOVEMBER 2023

Proposed protected action ballot of employees of Serco Traffic Camera Services (Vic) Pty Ltd T/A Serco Asia Pacific

1. This is an application by the Australian Municipal, Administrative, Clerical and Services Union (the ASU or Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Serco Traffic Camera Services (Vic) Pty Ltd (Serco or Employer)

1. I note that the Community and Public Sector Union (CPSU) has made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 29 November 2023, the Commission was advised that Serco objected to the Application. The objection concerned the nature of some of the ballot questions in the context of health and safety.

1. In the circumstances, I have decided to conduct a hearing. During the hearing, the parties reached an accommodation on the disputed questions, either to the point of agreement in some cases, or at least to the point where there was an acknowledgement of each parties’ views. As a result of amendments to some of the ballot questions, the ASU sought to amend its application accordingly, and Serco did not press its objections. Leave was granted to amend the application.

1. I have considered all of the material before me, including the statutory declaration of Ms Laura Boehm of the ASU setting out the steps taken by it in bargaining with Serco confirming that it has been, and is, genuinely trying to reach agreement with the respondent employer. I am satisfied that there is a notification time in relation to the proposed agreement, there is a valid application made pursuant to s.437, and that all of the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Vero Engagement & Voting Solutions Pty Ltd (Vero Voting). Vero voting has been approved as an eligible protected action ballot agent under s 468A of the Act[2] and consequently is authorised to conduct the ballot.

1. 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 14 December 2023.[3] This also establishes the ballot period for the
purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR768799.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference with the related matter (B2023/1304). That Member will issue an Order requiring the attendance of all bargaining representatives involved 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] B2023/1304.

[2] Vero Engagement & Voting Solutions Pty Ltd T/A Vero Voting - [2023] FWC 1531.

[3] This date was established by the Commission following consultation with the parties and is, in effect, ten working days from the date effect of the Order.

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