Transport Workers' Union of Australia v Ventia Australia Pty Ltd

[2025] FWC 295

[2025] FWC 295

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

(B2025/200)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 FEBRUARY 2025

Proposed protected action ballot of employees of Ventia Australia 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 Ventia Australia Pty Ltd (Ventia or Employer).

1. The application was amended by the TWU to deal with a number of points of clarification raised by the Commission. Ultimately, Ventia did not provide the Commission with any response to the amended application despite having received multiple reminders both written and verbal. It engaged directly with a staff member of the Commission and sought an extension to respond. A partial extension was granted, but in any event the extension period sought by Ventia has now passed and no response has been provided.

1. In the circumstances, and noting that Ventia was on notice that the application would be determined in the absence of a response if required, I have decided to deal with the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Kim Scarlett, 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.

1. The ballot is to be conducted by Vero Engagement and Voting Solutions Pty Ltd (Vero Voting). Vero Voting 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 18 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 PR783929.

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

Printed by authority of the Commonwealth Government Printer

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