CPSU, the Community and Public Sector Union v Serco Australia Pty Ltd

[2015] FWC 8489

[2015] FWC 8489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

CPSU, the Community and Public Sector Union
v
Serco Australia Pty Ltd
(B2015/1685)

DEPUTY PRESIDENT BULL SYDNEY, 8 DECEMBER 2015

Application to extend the 30 day protected action period in relation to matter B2015/1459.

[1] This is an application made pursuant to s.459(3) of the Fair Work Act 2009 (theAct) by the Community and Public Sector Union (CPSU), to extend the 30 day period in which industrial action is to commence being action authorised by a protected action ballot order 1 made on 20 October 2015. The protected action ballot order pertains to employees of Serco Australia Pty Ltd (Serco) at the Wandoo Reintegration Facility.

[2] On 9 December 2015, Serco advised the Fair Work Commission (the Commission) that it does not oppose the CPSU’s application. Accordingly, I have determined the matter on the basis of the documentation filed.

Relevant Legislation

[3] Section 459(1) specifies circumstances in which industrial action is authorised by protected action ballot:

(1)  Industrial action by employees is authorised by a protected action ballot if:

(a)  the action was the subject of the ballot; and
(b)  at least 50% of the employees on the roll of voters for the ballot voted in the ballot; and
(c)  more than 50% of the valid votes were votes approving the action; and
(d)  the action commences:

(i) during the 30-day period starting on the date of the declaration of the results of the ballot; or
(ii)  if the FWC has extended that period under subsection (3) during the extended period.

[4] Section 459(3) of the Act states the Commission may extend the period in subparagraph (1)(d)(i) by up to 30 days if certain preconditions are met:

“ (3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a)  an applicant for the protected action ballot order applies to the FWC for the period to be extended; and
(b)  the period has not previously been extended”

[5] In its application, the CPSU stated that the extension is sought to facilitate the taking of industrial action specified in the ballot that has not yet been taken. The period referred to in s. 459(1)(d)(i) expired on 5 December 2015.

[6] In addressing s. 459(3) of the Act, this application is made by CPSU, the applicant for which the protected action ballot order was issued, and the period specified in s. 459(1)(d)(i) has not previously been extended.

[7] I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that it is appropriate I grant the application. An order [PR574844] will issue in conjunction with this decision.

DEPUTY PRESIDENT

 1   PR572940

Printed by authority of the Commonwealth Government Printer

<Price code A, PR574843>