Community and Public Sector Union v Serco Traffic Camera Services (Vic) Pty Ltd T/A Serco Asia Pacific

[2023] FWC 3159

[2023] FWC 3159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Community and Public Sector Union
v

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

(B2023/1304)

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 Community and Public Sector Union (CPSU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Serco Traffic Camera Services (Vic) Pty Ltd T/A Serco Asia Pacific (Serco or Employer). 

1. I note that the Australian Municipal, Administrative, Clerical and Services Union (ASU) 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. As a result of amendments to some of the ballot questions, the CPSU sought to amend its application accordingly, and Serco did not press its objections. Leave was granted to amend the application.

1. On the basis of the material before me, including the declaration of Ms Lisa Pearce, Industrial Organiser, setting out the steps taken by the CPSU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Serco, I am satisfied that there is a notification time in relation to the proposed agreement 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 and consequently is authorised to conduct the ballot.[2]

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 PR768840.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2023/1303). To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their attendance 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] B2023/1303.

[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.

Printed by authority of the Commonwealth Government Printer

<PR768841>