The Australian Workers' Union v Cleanaway Operations Pty Ltd

[2024] FWC 1141

[2024] FWC 1141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Workers' Union
v

Cleanaway Operations Pty Ltd

(B2024/502)

COMMISSIONER TRAN MELBOURNE, 6 MAY 2024

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd

1. On 30 April 2024, the Australian Workers’ Union (AWU or Applicant) applied under s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Cleanaway Operation Pty Ltd (Cleanaway or Employer) in the employer’s Solid Waste Business Unit.

1. On 2 May 2024, Cleanaway advised the Commission that it objected to the Application on the grounds that the Application was premature.

1. I listed the matter for conference/hearing at 10:00am on Monday 6 May 2024. Mr Simon Miller represented the AWU. Ms Sonja Smith and Ms Neddie Agdon represented Cleanaway. At the conference, Cleanaway advised me that it withdrew its objection.

1. On the basis of the material before me, including the declaration of Fez Riches, Organiser, setting out the steps taken by the AWU in bargaining with Cleanaway and that it has been, and is, genuinely trying to reach agreement with Cleanaway, I am satisfied that the Applicant has standing to make the Application and that there is a notification time in relation to the proposed agreement. I am also satisfied that all the requirements in s 443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission (AEC).

1. 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 18 June 2024, which is 30 working days from the date of the Order, as sought in the application. This also establishes the ballot period for the purpose of s 448A(2) of the Act.

1. An Order has been separately issued in PR774431.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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