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

[2022] FWC 2688

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

(B2022/1518)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 6 OCTOBER 2022

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 6 October 2022, 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 PR746554.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission presided over a case where the United Workers' Union sought a protected action ballot order concerning certain employees of G4S Custodial Services Pty Ltd, trading as G4S Security. The application was made under section 437 of the Fair Work Act 2009, with the union's aim being to conduct a ballot for potential protected action. The respondent, G4S, did not oppose the application, which facilitated the Deputy President to decide on the matter based on the submitted documents. The union had provided evidence of its efforts to reach an agreement with the respondent, including a notification period for the proposed agreement, thus fulfilling the requirements under section 443(1) of the Act.

The primary legal issue before the Deputy President was whether the union had met the necessary criteria to conduct a protected action ballot. This involved confirming that the union had genuinely attempted to negotiate with the employer and that the notification period had been correctly implemented. Additionally, the union requested that Democratic Outcomes Pty Ltd, trading as CiVS, act as the ballot agent instead of the Australian Electoral Commission. The respondent did not object to this request either. The Deputy President had to assess whether CiVS was a suitable and capable entity to conduct the ballot, ensuring the secrecy and security of the votes.

In deciding the matter, the Deputy President found that the union had genuinely attempted to reach an agreement with G4S and that the notification period had been correctly adhered to. The evidence presented by the union satisfied the requirements under the Act. Moreover, the Deputy President was satisfied with the qualifications and experience of Mr Michael, the Managing Director of CiVS, as well as CiVS's commitment to the Privacy Act 1998. Consequently, CiVS was appointed as the ballot agent. The Deputy President's decision was that the union's application for the ballot order and the appointment of CiVS as the ballot agent were granted.

The final orders included granting the United Workers' Union permission to conduct the protected action ballot and appointing CiVS, with Mr Michael as its representative, as the ballot agent. The union and CiVS were required to comply with the Privacy Act 1998 in handling the information related to the ballot. These orders were issued separately in PR746554.

United Workers' Union v 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