Australian Workers' Union, The v Veolia Environmental Services (Australia) Pty Ltd

[2025] FWC 130

[2025] FWC 130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union, The
v

Veolia Environmental Services (Australia) Pty Ltd

(B2025/31)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 14 JANUARY 2025

Proposed protected action ballot of employees of Veolia Environmental Services (Australia) Pty Ltd

1. The Australian Workers’ Union (AWU or Applicant) has made an application under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Veolia Environmental Services (Australia) Pty Ltd (Veolia or Employer).

1. I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[1] and the Construction, Forestry and Maritime Employees Union (CFMEU)[2] have made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 14 January 2025, I held a directions hearing, by telephone, during which the Employer advised that they did not object to the AWU’s application.

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 Shane Klein, Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Veolia, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 29 January 2025. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR783282.

1. I will conduct the s.448A compulsory conciliation conference in due course. An Order requiring the attendance of all bargaining representatives in relation to the proposed enterprise agreement will be issued along with directions ensuring that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2025/28.

[2] B2025/30

Printed by authority of the Commonwealth Government Printer

<PR783281>