The Community and Public Sector Union v G4S Custodial Services Pty Ltd (Port Phillip Prison)

[2024] FWC 1029

[2024] FWC 1029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Community and Public Sector Union
v

G4S Custodial Services Pty Ltd (Port Phillip Prison)

(B2024/451)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 19 APRIL 2024

Proposed protected action ballot of employees of G4S Custodial Services Pty Ltd (Port Phillip Prison)

1. This is an application by 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).

1. On 17 April 2024, the Commission was advised that the Employer did not object to the Application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

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

1. The Applicant agreed to omit one of the ballot questions to ensure that the questions within the scope of industrial action as defined in s.19 of the Act.

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

1. An Order has been separately issued in PR773689.

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 for 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] [2023] FWC 1351.

[2] This is, in effect, fifteen (15) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR773688>