Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Ventia Australia Pty Ltd Summary

[2025] FWC 3073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Ventia Australia Pty Ltd

(B2025/1578)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 14 OCTOBER 2025

Proposed protected action ballot of employees of Ventia Australia Pty Ltd – non-AEC ballot agent electronic voting

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU 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).

I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 14 October 2025, the Commission was advised that the Employer did not object to the Application.

In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Damian Hewat, Organiser, setting out the steps taken by the CEPU 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 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 28 October 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 PR792636.

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] B2025/1579 - PR792635.

[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 was asked to decide whether to allow a union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), to conduct a protected action ballot for its members employed by Ventia Australia Pty Ltd. The dispute revolves around the proposed enterprise agreement, which the CEPU seeks to ballot its members on, and the method of voting, specifically electronic voting.

The legal issues before the Commission included whether the CEPU had genuinely attempted to reach an agreement with Ventia, whether all requirements under the Fair Work Act 2009 for such a ballot had been met, and whether electronic voting was permissible under the Act. The Commission was also required to determine the closing date for the ballot, which would establish the ballot period for compulsory conciliation purposes.

In its decision, the Commission found that the CEPU had genuinely attempted to negotiate with Ventia and that all statutory requirements for the ballot had been satisfied. The use of Democratic Outcomes Pty Ltd as the ballot agent was also approved, as the company was certified under the Act. The Commission determined that the voting should close on 28 October 2025, effectively setting the ballot period. The Commission also noted that another member would oversee a compulsory conciliation conference and issue necessary directions to ensure meaningful negotiations.

The Fair Work Commission granted the application and ordered the protected action ballot to proceed. The ballot was set to close on 28 October 2025, with electronic voting permitted, and preparations for the compulsory conciliation conference were underway.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Ventia 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