Transport Workers' Union of Australia v Veolia Environmental Services (Australia) Pty Ltd

[2025] FWC 796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

Veolia Environmental Services (Australia) Pty Ltd

(B2025/490)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 20 MARCH 2025

Proposed protected action ballot of employees of Veolia Environmental Services (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 Veolia Environmental Services (Australia) Pty Ltd (Veolia or Employer).

On 20 March 2025 I listed the matter for directions, by telephone. During the directions hearing, by telephone, the Employer advised that they 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 Ho Lau, Official, 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 Veolia, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 3 April 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 PR785379.

The s.448A compulsory conciliation conference will be held by videoconference, using Microsoft Teams, at 10:30am on 27 March 2025. An Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference will be separately issued.

DEPUTY PRESIDENT

[1] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia (Applicant) sought a protected action ballot order under section 437 of the Fair Work Act 2009 in relation to certain employees of Veolia Environmental Services (Australia) Pty Ltd (Employer). The application was made in light of the union's intention to hold a ballot in relation to a proposed agreement. The matter was heard by Deputy President Saunders of the Fair Work Commission on 20 March 2025. During the directions hearing, the Employer did not object to the application. The Deputy President decided to determine the matter on the papers without holding a hearing.

The legal issues the court needed to address were whether the union had genuinely attempted to reach an agreement with the employer, and whether the union had satisfied all the requirements under section 443 of the Act. The union provided a declaration from Ho Lau, an official, stating that it had been genuinely trying to reach an agreement with the employer. The union also satisfied the notification time requirements under section 443 of the Act. The ballot agent, Fair Vote Services Pty Ltd, was approved to conduct the ballot under section 468A of the Act. The Deputy President determined the date by which voting was to close, 3 April 2025, which was also the date sought in the application.

Based on the information provided, the Deputy President was satisfied that the union had genuinely attempted to reach an agreement with the employer and that all requirements under section 443 of the Act were met. The Deputy President issued an order for the protected action ballot to be conducted by Fair Vote Services Pty Ltd and set the date for the compulsory conciliation conference. An order was also issued for the attendance of all bargaining representatives at the conference. The union's application was successful, and the Employer did not object to the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established