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

[2024] FWC 2324

[2024] FWC 2324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Trident Services Security Pty Ltd T/A Trident Security

(B2024/1109)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 2 SEPTEMBER 2024

Proposed protected action ballot of employees of Trident Services Security Pty Ltd - Gold Coast and Townsville Airports.

1. This is an application by the United Workers’ Union (UWU 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 Trident Services Security Pty Ltd trading as Trident Security (Trident or Employer).

1. On 30 August 2024, the Commission was advised that the Employer, in effect, did not, object to the Application as amended to reflect and agreed period of additional notice of any industrial action.

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

1. On the basis of the material before me, including the declaration of Carl Ratana, Trade Union Official, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Trident. 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.

1. The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. 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 19 September 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended minimum period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended written notice period of five (5) working days applies to the items listed within Clause 5 of the Order.

1. The structure of the draft order has been amended to reflect the Fair Work Commission’s standard template.

1. An Order has been separately issued in PR778782.

1. 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] This is, in effect, ten (10) working days from the anticipated commencement of the ballot, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR778783>