Community and Public Sector Union v The GEO Group Australia Pty Ltd

[2022] FWC 2306

[2022] FWC 2306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Community and Public Sector Union
v

The GEO Group Australia Pty Ltd

(B2022/1292)

DEPUTY PRESIDENT CLANCY MELBOURNE, 31 AUGUST 2022

Proposed protected action ballot of employees of The GEO Group Australia 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 The GEO Group Australia Pty Ltd (the Respondent).

1. On 29 August 2022, the Respondent advised my Associate that it did not challenge that the Applicant has been and is genuinely trying to reach agreement, and on that basis did not oppose the application. The Respondent however raised concern that the proposed period of notice was unclear and outlined issues with two questions to be included in the proposed ballot. 

1. In further correspondence with my Chambers on 30 August 2022, the Applicant confirmed that it proposed an extension of the notice period required for the taking of industrial action from 3 working days to 5 working days.  The Applicant submitted revised wording for both of the clauses about which the Respondent has raised concerns albeit it did not concede that the use of the phrase “interrupting work periodically” in proposed Question 11 required amendment.   The Respondent repeated its concern about the clarity of the word “interrupting”.

1. In the circumstances, I consider I am able to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Wayne Townsend 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. I am also satisfied based on the position of the parties and the material before me that the period of written notice referred to in s.414(2)(a) of the Act should be longer than 3 working days and that I should exercise the discretionary power in s.443(5) of the Act and specify a period of at least 5 working days.

1. As to the residual concern of the Respondent, I have not been persuaded that the proposal to utilise the word “interrupting” in proposed Question 11 renders the nature of the proposed industrial action outlined in it unclear.

1. An order has been separately issued in PR74317.

DEPUTY PRESIDENT

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