Australian Workers' Union v Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services

[2022] FWC 2237

[2022] FWC 2237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Workers’ Union
v

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services

(B2022/1261)

DEPUTY PRESIDENT CLANCY MELBOURNE, 23 AUGUST 2022

Proposed protected action ballot of employees of Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services.

1. This is an application by the Australian Workers’ Union (Applicant) made 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 T/A Veolia Environmental Services (the Respondent).

1. The Respondent initially advised my Chambers that it did not object to the protected action ballot order being made. However, it raised a concern in relation to the form and content of the order, specifically the proposed date by which voting in the protected action ballot is to close and the industrial action identified in clause 6 of the proposed order. In correspondence to my Chambers, the Applicant proposed an amended form of wording for certain proposed forms of industrial action in clause 6 of the proposed order. The Applicant maintained its position that voting in the protected action ballot order close six weeks from when the ballot commences as the group of employees to be balloted work a three week on one week off roster in a remote location and as such, a longer timeframe is required.

1. After reviewing the Application form, the Statutory Declaration and the correspondence from the parties, I cannot see a statutory basis upon which the Applicant’s application should be rejected. I also note the Australian Electoral Commission’s current position is that the date by which voting in the ballot is to close should be not less than 30 working days such that the proposed longer period of six weeks does not pose an issue. 

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 Mr Gary Henderson of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR745061.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR745060>