v G4S Custodial Services Pty Ltd

[2024] FWC 3023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

CPSU, the Community and Public Sector Union

G4S Custodial Services Pty Ltd

(B2024/1417)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 31 OCTOBER 2024

Application to extend the 30 day period in relation to B2024/1234.

This matter concerns the declaration of the result of a protected action ballot PR779460 held in matter B2024/1234 and declared on 10 October 2024.

The CPSU, the Community and Public Sector Union has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

G4S Custodial Services Pty Ltd has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union (CPSU) filed an application to extend the 30-day period within which industrial action could be authorised by a protected action ballot held for G4S Custodial Services Pty Ltd. The application was made under section 459(3) of the Fair Work Act 2009, and was heard by the Fair Work Commission. The protected action ballot, PR779460, was declared on 10 October 2024, and the application was made to extend the 30-day period from that date. The applicant contended that all requirements under the Act had been met and that the period should be extended by a further 30 days.

The legal issues the court needed to decide were whether the requirements under section 459(3) of the Fair Work Act 2009 had been met and whether the period should be extended. The Act states that the Fair Work Commission may extend the 30-day period by up to 30 days if certain conditions are met, including that the applicant for the protected action ballot order applies to the FWC for the period to be extended and that the period has not previously been extended. The applicant contended that each of the relevant requirements had been met and that the period should be extended. G4S Custodial Services Pty Ltd had no objection to the application.

The court was satisfied that the relevant requirements of the Act had been met and that the application should be granted. The court found that the applicant had satisfied the requirements under section 459(3) of the Fair Work Act 2009, and that the period should be extended by a further 30 days. The court made an order extending the 30-day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and were employed by the employer, by a further 30 days, from 31 October 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established