The Australian Workers' Union v Veolia Environmental Services (Australia) Pty Ltd

[2022] FWC 1867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union

Veolia Environmental Services (Australia) Pty Ltd

(B2022/692)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 18 JULY 2022

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

This is an application by the Australian Workers’ Union (Applicant) made 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 (the Respondent).

On 18 July 2022, my Associate was advised that the Respondent 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 Mr Rob Saunders of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An order has been separately issued in 743870.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union brought an application to the Fair Work Commission seeking a protected action ballot order in relation to certain employees of Veolia Environmental Services (Australia) Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The dispute between the parties centred around the proposed protected action ballot of the employees and the ability of the union to proceed with such a ballot under the Act.

The central legal issue before the Deputy President was whether the union had satisfied the requirements of the Fair Work Act to hold a protected action ballot. Specifically, the court had to determine if the union had genuinely tried to reach agreement with the employer, as required under section 443(1) of the Act. The Deputy President had to examine the declaration of Mr Rob Saunders of the Applicant, which outlined the bargaining steps taken by the union with the employer, to determine if the union had indeed been genuinely trying to reach an agreement.

Upon reviewing the material before him, the Deputy President was satisfied that there was a notification time in relation to the proposed agreement and that the union had genuinely tried to reach an agreement with the employer. The Respondent did not object to the application, and the Deputy President decided to determine the matter on the papers without holding a hearing. Consequently, the Deputy President was satisfied that the union had met the requirements of the Act to hold a protected action ballot.

The Fair Work Commission issued an order granting the Australian Workers’ Union's application for a protected action ballot order in relation to the employees of Veolia Environmental Services (Australia) Pty Ltd. The decision was made on 18 July 2022 and was printed by authority of the Commonwealth Government Printer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established