Community and Public Sector Union v G4S Custodial Services Pty Ltd

[2021] FWC 959

[2021] FWC 959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Community and Public Sector Union
v
G4S Custodial Services Pty Ltd
(B2021/94)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 22 FEBRUARY 2021

Proposed protected action ballot of employees of G4S Custodial Services Pty Ltd.

[1] This is an application by the Community and Public Sector Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of G4S Custodial Services Pty Ltd (Respondent).

[2] On 22 February 2021, my associate was advised the Respondent did not object to 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 declaration of Clay Robert O’Brien of the Applicant 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] The Applicant and Respondent agree that the period of written notice referred to in s.414(2)(a) of the Act should be longer than three working days for many of the proposed forms of industrial action. On 22 February 2021, the Respondent provided material directed to the circumstances that are said to justify a longer period. I am satisfied the material discloses exceptional circumstances and that those circumstances justify a longer notice period. There are no grounds of which I am aware which would cause me not to exercise my discretion given my finding. The parties have agreed on an extended notice period of five working days for the industrial action proposed in questions 1, 2, 3, 4, 5, 12, 14, 16, 19, 26, 29, 30 and 31 of the Order. Based on this, I am satisfied and exercise my discretion under s.443(5) to extend the notice period accordingly.

[6] An order has been separately issued in PR727201.

DEPUTY PRESIDENT

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