Construction, Forestry, Maritime, Mining and Energy Union v Serco Australia Limited (B2020/529)

[2020] FWC 4965

[2020] FWC 4965

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
v
Serco Australia Limited
(B2020/529);

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Serco Australia Limited
(B2020/530)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 15 SEPTEMBER 2020

Proposed protected action ballot of employees of Serco Australia Pty Limited

[1] This decision concerns applications lodged on 14 September 2020 by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU, and collectively, the Unions) under section 437 of the Fair Work Act 2009 (the FW Act) for protected action ballot orders in relation to certain employees of Serco Australia Limited (Serco or the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether they had any objection to the application. On 15 September 2020 Serco advised my Chambers that they had negotiated with the Unions to amend the order as originally sought, and they provided details of the amendment. Shortly thereafter the Unions confirmed with Chambers that they agreed to the amendment.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declarations of Andrew Giddens of the CEPU, and of Bradley Upton of the CFMMEU, both lodged on 14 September 2020, setting out the steps taken by the Unions in bargaining with the Respondent and confirming that they have been, and are, 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 section 443(1) of the FW Act have been met.

[5] I am satisfied, in the current environment and on the basis of written submissions provided by the Respondent’s representative, and in particular the need for continuance of safe and sustainable health care, that there are exceptional circumstances justifying the period of written notice referred to in section 414(2)(b) of the FW Act being longer than three (3) days. I note that the Unions have confirmed they do not object to this request by the Respondent. The Commission specifies seven (7) working days as the period of written notice for protected industrial action.

[6] I am also satisfied that the Unions have given notice in accordance with section 440 of the FW Act.

[7] Orders in conformity with the FW Act are issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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