Australian Workers' Union v Ventia Australia Pty Ltd

[2025] FWC 486

[2025] FWC 486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Ventia Australia Pty Ltd

(B2025/262)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 18 FEBRUARY 2025

Proposed protected action ballot of employees of Ventia Australia Pty Ltd

1. This is an application by the Australian Workers’ Union (AWU 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 Ventia Australia Pty Ltd (Ventia or Employer).

1. I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 17 February 2025, the Commission was advised that the Employer, in effect, did not object to the Application as amended following discussions between the parties. The amendment concerned the extent of notice of industrial action to be provided.

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 Ross Kumeroa, Offshore Alliance 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 Ventia, 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 6 March 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the minimum period of written notice referred to in section 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from the ballot questions in clause 5 of the Order.

1. An Order has been separately issued in PR784473.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. That Member will issue an Order requiring the attendance of all bargaining representatives in 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] B2025/263.

[2] This is, in effect, 11 working days from the making of the Order and was the specific date sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR784474>