Construction, Forestry and Maritime Employees Union v Veolia Environmental Services (Australia) Pty Ltd
[2025] FWC 129
•14 January 2025
| [2025] FWC 129 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Construction, Forestry and Maritime Employees Union
v
Veolia Environmental Services (Australia) Pty Ltd
(B2025/30)
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 14 JANUARY 2025 |
Proposed protected action ballot of employees of Veolia Environmental Services (Australia) Pty Ltd
The Construction, Forestry and Maritime Employees Union (CFMEU 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[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 CFMEU’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 Anthony Dimitriou, Organiser, setting out the steps taken by the CFMEU 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 31 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 PR783280.
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] B2025/28.
[2] B2025/31
Printed by authority of the Commonwealth Government Printer
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