v Serco Australia Pty Ltd T/A Serco Australia Pty Ltd

[2024] FWC 1318

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

United Workers' Union

Serco Australia Pty Ltd T/A Serco Australia Pty Ltd

(B2024/560)

DEPUTY PRESIDENT HAMPTON

SYDNEY, 20 MAY 2024

Application to extend the 30 day period in relation to B2024/407.

This matter concerns the declaration of the result of a protected action ballot PR773207 held in matter B2024/407 and declared on 19 April 2024.

The United Workers' 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.

The Serco Australia Pty Ltd T/A Serco Australia 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 20 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union has applied to the Fair Work Commission for an extension of the 30-day period, during which industrial action is authorised by a protected action ballot. The matter pertains to a ballot held in case number B2024/407, which was declared on 19 April 2024. Serco Australia Pty Ltd, trading as Serco Australia Pty Ltd, has indicated it has no objections to the application. This application is pursuant to section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met.

The primary legal issue before the Commission was whether the requirements set forth in section 459(3) of the Fair Work Act 2009 had been satisfied. The application argued that both conditions of the section were met: the Union had applied to the Commission for the period to be extended, and the period had not previously been extended. Serco Australia Pty Ltd did not oppose the application. The Commission had to determine whether the Union's application met the statutory requirements and, if so, whether the extension should be granted.

The Deputy President, Hampton, found that the Union had indeed satisfied the conditions set out in section 459(3) of the Act. Given that Serco Australia Pty Ltd had no objections to the application, the Commission was satisfied that all necessary criteria were fulfilled. Consequently, the application was approved. The Deputy President ordered that the 30-day period for the commencement of protected industrial action be extended by an additional 30 days, effective from 20 May 2024.

The final order of the Fair Work Commission was 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 Serco Australia Pty Ltd be extended by a further 30 days, commencing from 20 May 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established