CPSU, the Community and Public Sector Union v G4S Custodial Services Pty Ltd

[2024] FWC 2595

[2024] FWC 2595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

CPSU, the Community and Public Sector Union
v

G4S Custodial Services Pty Ltd

(B2024/1234)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 20 SEPTEMBER 2024

Proposed protected action ballot of employees of G4S Custodial Services Pty Ltd – Port Phillip Prison.

1. This is an application by the CPSU, 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 G4S Custodial Services Pty Ltd (G4S or Employer). The parties are bargaining for a new enterprise agreement to replace the G4S Custodial Services Pty Ltd (Port Phillip Prison) Correctional Services Workplace Agreement 2021.

1. On 19 September 2024, the Commission was advised that the Employer did not generally object to the Application as amended with respect to the form of ballot questions; however, it contended that one of the questions remained unclear and should be amended or deleted.

1. In the circumstances, I decided to convene a hearing to deal with the application. Prior to the scheduled hearing, the CPSU agreed to delete the contested ballot question. I have subsequently considered and determined the amended application on the papers.

1. On the basis of the material before me, including the declaration of Adrian Trait, 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 G4S, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 8 October 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR779460.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement 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] This is, in effect, 11 working days from the making of the Order and was the specific date sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR779461>