Transport Workers' Union of Australia v Ventia Australia Pty Ltd

[2025] FWC 2752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

Ventia Australia Pty Ltd

(B2025/1432)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 SEPTEMBER 2025

Proposed protected action ballot of employees of Ventia Australia Pty Ltd

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 Ventia Australia Pty Ltd (Ventia or Employer).

On 15 September 2025, the Commission was advised that the Employer, in effect, did not object to the Application if amended. The amendment concerned a proposed ballot question and was agreed between the parties.

In the circumstances, I have decided to grant leave to amend the application and otherwise determined the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Mina Khalil, 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 Ventia, 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 the Australian Electoral Commission (AEC).

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 28 October 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 PR791755.

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, 30 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Transport Workers' Union of Australia v Ventia Australia Pty Ltd, the Transport Workers' Union of Australia (TWU) applied under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Ventia Australia Pty Ltd (Ventia). The matter was heard by Deputy President Hampton of the Fair Work Commission in Adelaide on 15 September 2025. The TWU sought to conduct a ballot to allow its members to vote on whether to engage in protected industrial action due to ongoing difficulties in reaching an agreement with Ventia.

The primary legal issue before the Commission was whether the TWU had met all the requirements under section 443(1) of the Fair Work Act to hold a protected action ballot. Specifically, the Commission needed to determine if the TWU had genuinely tried to reach an agreement with Ventia, as evidenced by the declaration of Mina Khalil, Organiser of the TWU, who outlined the bargaining efforts and attempts to negotiate with Ventia. Additionally, the Commission needed to set a closing date for the ballot voting, as mandated by section 443(3)(c) of the Act.

Deputy President Hampton found that the TWU had satisfied all the requirements for holding a protected action ballot. The declaration provided by Mina Khalil demonstrated the union's genuine efforts in bargaining and its attempts to reach an agreement with Ventia. Consequently, the Deputy President granted leave for the TWU to amend its application concerning the proposed ballot question and determined the matter on the papers without holding a hearing. The Deputy President set the closing date for the ballot voting as 28 October 2025, which effectively allowed 30 working days from the making of the Order. The ballot would be conducted by the Australian Electoral Commission, and the matter would proceed to a compulsory conciliation conference, overseen by another Member of the Commission.

In light of these findings, the Commission issued an Order granting the TWU's application for a protected action ballot. The Order specified the closing date for voting and directed the TWU and Ventia to attend the compulsory conciliation conference to negotiate the proposed enterprise agreement. This decision aims to facilitate meaningful negotiations between the parties and potentially resolve the underlying issues without resorting to industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established