"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Ventia (Australia) Pty Ltd & Downer Utilities Australia Pty Ltd T/A Summary

[2025] FWC 2008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

Ventia (Australia) Pty Ltd & Downer Utilities Australia Pty Ltd T/A Confluence Water

(B2025/1117)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 JULY 2025

Proposed protected action ballot of employees of Ventia (Australia) Pty Ltd & Downer Utilities Australia Pty Ltd T/A Confluence Water

This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU 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 & Downer Utilities Australia Pty Ltd trading as Confluence Water (Confluence Water or Employers).

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.

On 11 June 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 Lachlan Bush, Organiser, setting out the steps taken by the AMWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with Confluence Water, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 25 July 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR789178.

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] B2025/1084.

[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, under the Fair Work Act 2009, dealt with an application by the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order concerning employees of Ventia (Australia) Pty Ltd and Downer Utilities Australia Pty Ltd trading as Confluence Water. The union sought to conduct a ballot for potential protected industrial action related to a proposed enterprise agreement. Another union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), had also applied for a ballot order regarding the same proposed agreement. The employers did not object to the AMWU's application.

The primary legal issue before the Commission was whether the AMWU had satisfied the conditions necessary to be granted a protected action ballot order under section 437 of the Fair Work Act. This included verifying that the union genuinely attempted to reach an agreement with the employers and that all procedural requirements were fulfilled. Additionally, the Commission needed to determine the closing date for the ballot to ensure it aligned with the statutory timeframes.

The Deputy President, Hampton, found that the AMWU had met all the statutory requirements for a ballot order. The union had provided evidence of its negotiation efforts and compliance with the Act, and the employer did not oppose the application. The Commission concluded that the AMWU was entitled to conduct the ballot and specified that voting must close by 25 July 2025. This decision also set the ballot period for any compulsory conciliation conference that may follow.

The Fair Work Commission issued an order allowing the AMWU to proceed with the ballot and directed the scheduling of a compulsory conciliation conference to facilitate negotiations on the proposed enterprise agreement. Another member of the Commission was assigned to conduct this conference and issue necessary directions to ensure effective participation by all parties.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Ventia (Australia) Pty Ltd & Downer Utilities Australia Pty Ltd T/A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established