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

[2024] FWC 46

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

(B2024/9)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 9 JANUARY 2024

Application to extend the 30 day period in relation to B2023/1304

This matter concerns the declaration of the result of a protected action ballot (PR768840) held in matter B2023/1304 and declared on 14 December 2023.

The CPSU, the Community and Public Sector Union has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(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.”

The application made by the CPSU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Serco Traffic Camera Services (Vic) Pty Ltd T/A Serco Asia Pacific (Serco) has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible CPSU members employed by Serco be extended by a further 30 days.

This order will operate on and from 9 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union (CPSU) applied to the Fair Work Commission (FWC) for an extension of the 30-day period during which industrial action could be taken by its members employed by Serco Traffic Camera Services (Vic) Pty Ltd T/A Serco Asia Pacific. The application followed a protected action ballot which had been held and declared on 14 December 2023. The application was made under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met. Serco indicated that it had no objection to the application.

The court had to determine whether the application met the requirements of section 459(3) of the Act, specifically whether the period had not been previously extended and whether an applicant for the protected action ballot order had applied to the FWC for the period to be extended. The court needed to consider the arguments presented by the CPSU and whether Serco had any valid objections.

After reviewing the application and the submissions from both parties, the Deputy President concluded that the requirements of the Act had been satisfied. The 30-day period for the commencement of protected industrial action was extended by a further 30 days. The order was made pursuant to section 459(3) of the Act and would take effect from 9 January 2024.

The court's decision was based on the application meeting the criteria set out in the Act and the absence of any objections from Serco. The extension allowed the CPSU additional time to potentially resolve the dispute with Serco without resorting to industrial action. The court's order provided clarity and certainty for both parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established