United Workers' Union v G4S Custodial Services Pty Ltd T/A G4S Security

[2023] FWC 250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

G4S Custodial Services Pty Ltd T/A G4S Security

(B2023/60)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 30 JANUARY 2023

Proposed protected action ballot of employees of G4S Custodial Services Pty Ltd T/A G4S Security

This is an application by the United Workers’ Union (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 T/A G4S Security (Respondent).

On 30 January 2023, my Associate was advised that the Respondent 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 Mr Nicholas Richardson of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

The Applicant also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS). Mr Michael M Michael, the Managing Director of CiVs has provided a statutory declaration setting out that he would carry out the functions of the protected ballot agent for CiVS, and that he has relevant experience in conducting protected action ballots. I am satisfied that CiVS is a fit and proper person to conduct the ballot. I am also satisfied that Mr Michael and CiVS are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. CiVs has agreed to be the protected action ballot agent and Mr Michael and CiVS are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

Therefore I appoint CiVS as the protected action ballot agent.

An order has been separately issued in PR750055.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application from the United Workers' Union (the applicant) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of G4S Custodial Services Pty Ltd T/A G4S Security (the respondent). The applicant sought the order to proceed with the ballot for protected action due to a breakdown in negotiations with the respondent. The respondent did not object to the application, leading the Deputy President to decide the matter on the papers without a hearing.

The legal issues before the FWC were whether the applicant had fulfilled the notification time in relation to the proposed agreement and met the requirements of section 443(1) of the Fair Work Act. The applicant had provided a declaration from Mr Nicholas Richardson, who attested that the union had genuinely tried to reach an agreement with the respondent. The FWC was also required to determine if Democratic Outcomes Pty Ltd trading as CiVS (CiVS) was a fit and proper person to act as the ballot agent for the protected action ballot, as proposed by the applicant.

In its decision, the FWC found that the applicant had met the notification time and the requirements of section 443(1) of the Act. The FWC also determined that CiVS, proposed by the applicant as the ballot agent, was a fit and proper person to conduct the ballot. This decision was based on the statutory declaration from Mr Michael M Michael, Managing Director of CiVS, who confirmed his relevant experience in conducting protected action ballots. The FWC concluded that CiVS was capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously.

The FWC subsequently appointed CiVS as the protected action ballot agent and issued an order in PR750055. This decision allowed the applicant to proceed with the ballot for protected action concerning the employees of G4S Custodial Services Pty Ltd T/A G4S Security.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established