"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Veolia Environmental Services (Australia) Pty Ltd Summary

[2025] FWC 127

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

Veolia Environmental Services (Australia) Pty Ltd

(B2025/28)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 14 JANUARY 2025

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

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU 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).

I note that the Construction, Forestry and Maritime Employees Union (CFMEU)[1] and the Australian Workers’ Union (AWU)[2] have made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.

On 14 January 2025, I held a directions hearing, by telephone, during which the Employer advised that they did not object to the AMWU’s 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 Gavin Bubb, Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with it, 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 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.

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.

An Order has been separately issued in PR783276

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] B2025/30

[2] B2025/31

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the Australian Manufacturing Workers’ Union (AMWU) for a protected action ballot order concerning certain employees of Veolia Environmental Services (Australia) Pty Ltd. The AMWU, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, sought the order under section 437 of the Fair Work Act 2009 in relation to a proposed enterprise agreement. Veolia did not object to the AMWU's application, which was decided on the papers. The AMWU's application was supported by a declaration from an organiser, Gavin Bubb, who detailed the union's efforts to reach an agreement with Veolia. The commission found that all necessary requirements under section 443(1) of the Act had been met, including the notification period for the proposed agreement.

The primary legal issue the commission addressed was whether the AMWU had met the statutory criteria for a protected action ballot order. This involved verifying the union's genuine attempt to negotiate an enterprise agreement and ensuring compliance with the notification period and other procedural requirements outlined in the Fair Work Act. Additionally, the commission had to determine the appropriate date for closing the ballot, which was set for 29 January 2025. The commission also noted the involvement of other unions, the Construction, Forestry and Maritime Employees Union and the Australian Workers’ Union, which had made separate applications regarding the same proposed enterprise agreement.

After reviewing the materials submitted, including the declaration by Gavin Bubb, the commission concluded that the AMWU had fulfilled all the necessary requirements for a protected action ballot order. The commission found that the union had genuinely attempted to negotiate with Veolia and had met the notification period as required by section 443 of the Act. Consequently, the commission granted the AMWU's application and set the closing date for the ballot as 29 January 2025. The commission also authorised Democratic Outcomes Pty Ltd as the ballot agent and planned to conduct a compulsory conciliation conference to facilitate negotiations between the parties.

The final order authorised the AMWU to conduct a protected action ballot for the proposed enterprise agreement and set the closing date for voting. The commission also issued an order for a compulsory conciliation conference, directing all bargaining representatives to attend and engage in meaningful negotiations. This decision underscores the importance of adhering to the procedural requirements set out in the Fair Work Act when seeking a protected action ballot order.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Veolia Environmental Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established