| [2025] FWC 2588 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Transport Workers' Union of Australia
v
Cleanaway Operations Pty Ltd
(B2025/1373)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 2 SEPTEMBER 2025 |
Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd
This is an application by the Transport Workers' Union of Australia acting through its NSW/QLD Interim Governance Branch (TWU 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 Cleanaway Operations Pty Ltd (Cleanaway or Employer).
On 2 September 2025, the Commission was advised that the Employer, in effect, 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 Brayden Robertson, Organiser, setting out the steps taken by the TWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Cleanaway, 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 16 September 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR791330.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. 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] This is, in effect, 10 working days from the making of the Order.
Printed by authority of the Commonwealth Government Printer
<PR791331>
- AGLC
- Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd [2025] FWC 2588
- Case
- [2025] FWC 2588
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC involved confirming whether the TWU had fulfilled the necessary requirements to conduct a protected action ballot. This included verifying that the union had genuinely attempted to reach an agreement with Cleanaway and ensuring that all procedural prerequisites were met. The declaration provided by Brayden Robertson, an Organiser for the TWU, indicated that the union had been actively engaged in bargaining and had made sincere efforts to come to terms with Cleanaway. The FWC was also required to determine an appropriate closing date for the ballot period, which was set at 16 September 2025.
The Deputy President concluded that the TWU had met the necessary conditions for a protected action ballot, including the notification period and the requirements of section 443(1) of the Act. The closing date for voting was set for 16 September 2025, which was ten working days from the issuance of the order. The matter will be referred to another FWC member for a compulsory conciliation conference under section 448A, with orders to be issued for the attendance of all bargaining representatives and directions to facilitate meaningful negotiations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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