| [2025] FWC 947 |
| 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
(B2025/583)
| DEPUTY PRESIDENT HAMPTON | MELBOURNE, 3 APRIL 2025 |
Proposed protected action ballot of employees of Ventia Australia Pty Ltd
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).
On 3 April 2025, the Commission was advised that the Employer, in effect, did not object to the Application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Danny Humphrey, 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.
The ballot is to be conducted by the Australian Electoral Commission.
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 20 May 2025[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR785824.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. 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] This is, in effect, 30 working days from the making of the Order and was the period sought in the application.
Printed by authority of the Commonwealth Government Printer
<PR785825>
- AGLC
- Australian Workers' Union v Ventia Australia Pty Ltd [2025] FWC 947
- Case
- [2025] FWC 947
- Decision Date
CaseChat Overview and Summary
The key legal issue before the Deputy President was whether the AWU had fulfilled the conditions set out in section 443(1) of the Act for a protected action ballot. This required an examination of the AWU's bargaining efforts and their adherence to the Act’s stipulations. The Deputy President found that the AWU had indeed met all necessary requirements, including the notification period for the proposed agreement, thereby satisfying the prerequisites for a ballot. The Deputy President also determined the closing date for voting in the ballot, establishing the ballot period.
Following the determination, the Deputy President issued an order for the Australian Electoral Commission to conduct the ballot. The closing date for voting was set at 20 May 2025, effectively 30 working days from the date of the order. Additionally, the matter was assigned to another Member of the Commission to oversee the compulsory conciliation conference under section 448A. This Member would issue an order mandating the attendance of bargaining representatives at the conference, with likely directions to ensure meaningful negotiations.
The final orders included the approval of the ballot process and the establishment of a date for its closure, along with the assignment of the conciliation conference to another Commission member. Directions for the conference attendance and negotiation readiness were also expected.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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