Australian Municipal, Administrative, Clerical and Services Union v Veolia Water Operations Pty Ltd

[2023] FWC 1686

[2023] FWC 1686

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Veolia Water Operations Pty Ltd

(B2023/698)

DEPUTY PRESIDENT SLEVIN SYDNEY, 14 JULY 2023

Proposed protected action ballot of employees of Veolia Water Australia Pty Ltd

1. This is an application by the Australian Municipal, Administrative, Clerical and Services Union New South Wales and ACT (Services) Branch (ASU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Veolia Water Australia Pty Ltd (Veolia Water).

1. The application was made on 12 July 2023. On 13 July 2023 the Respondent raised an objection to one of the ballot questions proposed in the draft order. The Union filed an amended application on 13 July 2023 amending the draft order to address the objection. On 14 July 2023, the Commission was advised that the Respondent did not object to the Application as amended. 

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing. I propose to make the order in the terms sought by the ASU save that the ballot is to close 10 working days from the date of the order rather than the proposed time of no later than 10 working days. This provides greater certainty around the period in which the conference required by s.448A(1) might occur.   

1. On the basis of the material before me, including the declaration of Mr Peter Macphee, ASU Organiser, setting out the steps taken by the ASU in bargaining I am satisfied that the ASU is genuinely trying to reach agreement with Veolia Water. There is a notification time in relation to the proposed agreement and all other requirements in s.443 of the Act have been met.  

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act¹ and is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 10 working days from the date of the Order will apply.

1. An order has been separately issued in PR764156.

1. Upon issuing a protected action ballot order the Commission is required by s.448A of the Act to also make an order directing the bargaining representatives to attend a conference for the purpose of mediation or conciliation in relation to the proposed agreement. An order and directions will be issued requiring that the parties attend a conference.  

DEPUTY PRESIDENT

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<PR764157>