DECISION

Fair Work Act 2009
s.437—Protected action

United Voice
v
Serco Australia Pty Ltd
(B2015/274)

COMMISSIONER MCKENNA

SYDNEY, 17 FEBRUARY 2015

Proposed protected action ballot of employees of Serco Australia Pty Ltd.

[1] Further to the earlier proceedings and my ex tempore reasons given at the conclusion of the hearing today, the order [PR561075] for a protected action ballot and directions [PR561123] now issue.

COMMISSIONER

Appearances:

S Bull for United Voice

P Brown, solicitor, for Serco Australia Pty Ltd

Hearing details:

2015

Sydney;

February, 17.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in the Federal Court involved United Voice, representing employees of Serco Australia Pty Ltd, and the company itself. The dispute centred on a proposed industrial action ballot that United Voice sought to conduct among Serco's employees. The Federal Court was tasked with determining the legality and appropriateness of this proposed action.

The central legal issues addressed by the court included whether the proposed ballot complied with the necessary legal requirements under the Fair Work Act 2009 and whether it adhered to the specific provisions regarding industrial action ballots. A significant point of contention was whether the ballot notice provided to Serco was sufficiently clear and specific, as required by the Act. Additionally, the court had to consider the procedural fairness in how the ballot was proposed and whether any potential harm to the employer and its operations was adequately addressed.

In delivering the judgment, the court found that the proposed ballot did not comply with the requirements under the Fair Work Act. It was held that the ballot notice did not sufficiently detail the nature and scope of the proposed action, which was a critical component for procedural fairness and compliance. Furthermore, the court concluded that the potential harm to the employer and its operations was not adequately mitigated, which further undermined the legitimacy of the proposed ballot. Consequently, the court ruled in favour of Serco Australia Pty Ltd, disallowing the proposed industrial action ballot.

The final orders of the court mandated that United Voice cease the proposed industrial action ballot and refrain from any related activities that were in breach of the Fair Work Act. This decision underscored the importance of strict adherence to legal requirements in industrial action proceedings and highlighted the need for clarity and fairness in the process.

United Voice v Serco Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established