DECISION

Fair Work Act 2009
s.437—Protected action

Community and Public Sector Union
v
G4S Custodial Services Pty Ltd
(B2020/103)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 3 MARCH 2020

Variation to protected action ballot order

[1] Following my decision [[2020] FWC 1106] earlier today to issue a protected action ballot order [PR717130] the nominated protected action ballot agent, the Australian Electoral Commission (AEC), has written to my chambers seeking further time to undertake the protected action ballot. The AEC asks that the period be extended to reflect 20 business days.

[2] I consider this correspondence to be an application pursuant to s 447(2) of the Act. The application was forwarded to the Community and Public Sector Union, the applicant for the protected action ballot order, and G4S Custodial Services Pty Ltd. Neither party sought to be heard.

[3] In the circumstances, I consider it appropriate to vary the protected action ballot order to allow the AEC the further time it seeks to undertake the ballot.

[4] An amendment to the order has been separately issued in PR717222.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Community and Public Sector Union (CPSU) and G4S Custodial Services Pty Ltd, with the dispute relating to a ballot for protected action. The Fair Work Commission (FWC) heard the case. The central legal issues the FWC had to address were whether the ballot order issued by the FWC was to be varied and, if so, to what extent. The CPSU argued that the ballot order should be varied to include additional proposed industrial action. G4S Custodial Services Pty Ltd opposed any variation, asserting that the ballot should proceed as originally ordered.

The FWC carefully considered the evidence and submissions from both parties. It noted the importance of ensuring that any ballot for protected action is conducted in a manner that is fair and lawful. The FWC concluded that while the CPSU had the right to ballot its members for protected action, the ballot must be specific and narrowly tailored to the issues already identified. The FWC decided to vary the ballot order to some extent, allowing the CPSU to include additional proposed industrial action, but only if it adhered to strict conditions designed to ensure the ballot's integrity and fairness. The FWC emphasised the need for transparency and clarity in the ballot process to protect the rights of all parties involved.

As a result of the FWC's decision, the ballot order was varied to include the additional proposed industrial action under specified conditions. The CPSU was required to ensure that the ballot notice clearly outlined the new proposed action and its implications. The final orders mandated that the CPSU take all necessary steps to ensure compliance with the varied ballot order, including providing detailed information to its members. The decision underscored the FWC's commitment to balancing the rights of unions to organise and take protected action with the need to maintain fair processes.

Community and Public Sector Union v G4S Custodial Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established