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

[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)

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).

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

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

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.

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.

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.

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.

An Order has been separately issued in PR773689.

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

CaseChat Overview and Summary

In the matter of The Community and Public Sector Union v G4S Custodial Services Pty Ltd (Port Phillip Prison), the Fair Work Commission was asked to grant an order for a protected action ballot by the Community and Public Sector Union (CPSU). The dispute involved employees of G4S Custodial Services Pty Ltd at Port Phillip Prison. The CPSU sought the ballot in the context of ongoing negotiations for a proposed enterprise agreement. G4S did not object to the application, leading the Commission to decide the matter on the papers without a hearing.

The key legal issues before the Commission were whether the CPSU had met the requirements under the Fair Work Act 2009 to conduct a protected action ballot and whether the proposed ballot questions were within the scope of industrial action as defined in the Act. The CPSU submitted a declaration from Karen Batt, the Victorian Branch Secretary, affirming that the union had been genuinely attempting to reach an agreement with G4S. The Commission also needed to determine the appropriate closing date for the ballot to ensure compliance with the notification period stipulated in the Act.

The Deputy President Hampton concluded that the CPSU had satisfied all the necessary conditions for a protected action ballot. This included the requirement to omit a ballot question to ensure it was within the scope of industrial action. The Commission set 12 May 2024 as the closing date for the ballot, which also serves as the date for a compulsory conciliation conference under the Act. This decision ensures that the ballot is conducted in accordance with the statutory provisions and facilitates further negotiations between the parties.

The Fair Work Commission issued an order permitting the ballot to proceed. The order also mandated that the conciliation conference, to be conducted by another Member of the Commission, would require the attendance of all bargaining representatives for the proposed enterprise agreement. Directions will be issued to ensure the parties are prepared to negotiate meaningfully at the conference. This comprehensive approach aims to resolve the ongoing dispute and facilitate a fair agreement between the CPSU and G4S.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established