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

[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

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.

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.

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 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.

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

This order will operate on and from 8 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was tasked with considering an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU) to extend the 30-day period within which industrial action may be authorised by a protected action ballot. The matter pertains to a ballot result declared on 14 December 2023, with the application being made in relation to matter B2023/1303. Serco Traffic Camera Services (Vic) Pty Ltd, the employer, has indicated that it has no objection to the application.

The primary legal issue before the Deputy President was whether the application met the criteria under section 459(3) of the Fair Work Act 2009. Specifically, the application must have been made by an applicant for the protected action ballot order, and the 30-day period must not have been previously extended. The ASU argued that it had fulfilled both of these conditions, and the application should be granted to extend the period by an additional 30 days.

In reaching a decision, the Deputy President Wright found that the ASU's application satisfied the statutory requirements. The employer, Serco Traffic Camera Services (Vic) Pty Ltd, had no objections to the application, and the Deputy President was satisfied that the period had not been previously extended. Consequently, the Deputy President ruled that the application should be granted and ordered 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. This order took effect from 8 January 2024.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established