Transport Workers' Union of Australia v G4S Custodial Services Pty Ltd

[2013] FWC 9263

[2013] FWC 9263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v
G4S Custodial Services Pty Ltd
(B2013/1422)

COMMISSIONER STEEL ADELAIDE, 25 NOVEMBER 2013

Application for a Protected Action Ballot Order.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) for a Protected Action Ballot Order.

[2] Given the submissions of the parties to this matter where the respondent does not oppose the granting of an order but provided succinct submissions as to the form of the order, the Commission considers the application meets the requirements of s.443 of the Act in that the parties have genuinely been trying to reach an agreement.

[3] The form of the draft order has been amended to reflect the relevant choices the voting population of union members must make in the ballot.

[4] The Commission notes that the applicant has advised the Commission in submissions that such bans or limitations, if imposed at the workplace, shall be applied such that they shall avoid any risk to the public and with the safety of the public in mind.

[5] The final form of the order will be issued separately.

COMMISSIONER

Appearances:

Mr E Laurie with Mr M Spring for the applicant

Mr L Gheller with Ms C Ellis-Paterson for the respondent

Hearing details:

Adelaide

2013:

November 18, 22 and 25

Printed by authority of the Commonwealth Government Printer

<Price code A, PR544964>