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

[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.

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).

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.

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 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.

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.

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.

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.

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

An Order has been separately issued in PR778782.

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

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether to allow a union, the United Workers’ Union, to hold a vote among its members, known as a ballot, to see if they want to take industrial action. This action involves employees of Trident Services Security Pty Ltd, which operates under the name Trident Security, at two airports in Gold Coast and Townsville. The union argued that they had genuinely tried to negotiate with the employer but had not reached an agreement. The employer did not object to the union's request, and the union wanted to conduct the vote within a specific time frame.

The Commission had to decide if the union had met the legal requirements to hold such a vote, including whether they had given enough notice to the employer and if the vote would be conducted by an approved agent. The Commission also had to decide if there were special reasons to extend the time the employer had to be notified of any planned industrial action.

After reviewing the documents, the Commission found that the union had followed the necessary steps and genuinely attempted to negotiate with the employer. They concluded that the vote could be held, and the employer would have an extended notice period of five working days if the union decided to take industrial action. The vote was to be conducted by TrueVote Pty Ltd, which is approved to manage such votes. The Commission set a deadline for the vote to close and scheduled a meeting for the parties to negotiate further.

The Commission issued an order allowing the union to hold the vote and set the deadline for voting to close. They also decided to hold a meeting where both sides would need to attend and be prepared to negotiate seriously. This meeting is part of the process to try to resolve the issues between the union and the employer without the need for industrial action.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established