Transport Workers' Union of Australia v Ventia Pty Limited T/A Ventia

[2023] FWC 1791

[2023] FWC 1791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

Ventia Pty Limited T/A Ventia

(B2023/731)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 24 JULY 2023

Proposed protected action ballot of employees of Ventia Pty Limited Trading As Ventia

1. This is an application by the Transport Workers' Union of Australia (TWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Ventia Pty Limited T/A Ventia (Ventia or Employer). 

1. On 24 July 2023, the Commission was advised that the Employer did not object to the Application on the basis of an amended draft Order which clarified the questions to be put in the ballot.

1. In the circumstances, I have conducted a short hearing to seek clarification regarding one of the proposed questions. Having heard the parties, I subsequently issued the PABO with an additional change accepted by both parties.  

1. On the basis of the material before me, including the declaration of Mr William Cheffirs, TWU Industrial Officer, 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 the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (24 July 2023) has been established by this Commission.[1]  

1. An order has been separately issued in PR764457.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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

Appearances:

M Spring for the Transport Workers’ Union of Australia.

F James for Ventia Pty Limited.

Hearing details:

Adelaide (by telephone)
2023
July 24.

[1] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

<PR764458>