Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd

[2025] FWC 188

[2025] FWC 188

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

(B2025/138)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 21 JANUARY 2025

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd

1. This is an application by the Transport Workers' Union of Australia (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).

1. On 20 January 2025, the Commission was advised that the Employer objected to the Application on grounds related to one of the ballot questions set out in Clause 5 of the draft order.

1. The parties continued constructive discussions and ultimately reached a common position on the above matter. In that light, I have granted leave to amend the application and otherwise dealt with the application on the papers.

1. On the basis of the material before me, including the declaration of Shane Pierpoint, 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.

1. 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.

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 11 February 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR783476.

1. 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, 14 working days from the making of the Order and was the period sought in the amended application.

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