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

[2025] FWC 796

[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

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 Veolia Environmental Services (Australia) Pty Ltd (Veolia or Employer).

1. 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.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. 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.

1. 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.

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 3 April 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 PR785379.

1. 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

<PR785378>