Australian Workers' Union, The v M.A .Services Pty Ltd T/A M.A. Security Guards

[2019] FWC 6694

[2019] FWC 6694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Workers' Union, The
v
M.A .Services Pty Ltd T/A M.A. Security Guards
(B2019/1124)

DEPUTY PRESIDENT BULL SYDNEY, 26 SEPTEMBER 2019

Proposed protected action ballot of employees of M.A. Services Group Pty Ltd. Order issued.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Workers Union (AWU) for a protected action ballot order in relation to employees of M.A. Services Pty Ltd T/A M.A. Security Guards (the employer) engaged in security work at BlueScope Port Kembla.

[2] On 23 September 2019, the employer advised the Commission that while it did not oppose the application, it requested that the Commission increase the three day notice period to seven days in accordance with s.443(5) of the Act. The employer submitted that exceptional circumstances existed justifying the period of written notice referred to in s.414(2) of the Act being longer than three days. Namely, that the employees who may take the proposed industrial action are “first responders”, being employees that are specifically trained in order to deal with emergencies that occur on site; and their absence from the employer’s work sites would result in a serious risk to other workers’ health and safety.

[3] The Commission invited the AWU to provide any response to the employer’s request that the three day notice period be extended to seven days in accordance with s.443(5) of the Act. The AWU confirmed that it did not support the notice period being extended to seven days and provided brief written submissions in support of its position.

[4] The matter was subsequently programmed for a hearing on 28 September 2019 and the parties were directed to file any further submissions, witness statements and evidentiary materials.

[5] Prior to any further materials being filed by the parties, the employer confirmed that it wished to withdraw its request that the written notice period referred to in s.414(2) of the Act be extended from three days to seven days. The employer also confirmed that it did not seek to contest the AWU’s application and did not wish to make any further submissions in relation to the application. The employer confirmed that it had no objection to the draft order, as submitted by the AWU with its application, being issued by consent of the parties.

[6] Accordingly I have determined the matter on the basis of the documentation filed.

[7] In support of the application, the AWU filed a statement dated 19 September 2019 made by Mr Paul Farrow Senior Vice President of the AWU. Mr Farrow’s statement refers to six separate meetings held with the employer with the intention of reaching an agreement. Mr Farrow stated that the outstanding matters are concerned with wage increases, annualised salary, classification structure, and sick leave.

[8] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the AWU, that the AWU has been and is, genuinely trying to reach an agreement with the employer.

[9] An order [PR712820] based on the draft order provided by the AWU is issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR712811>