Transport Workers' Union of Australia v Veolia Recycling & Recovery Pty Ltd (ACN 002 902 650) Summary

[2023] FWC 279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers' Union of Australia
v

Veolia Recycling & Recovery Pty Ltd (ACN 002 902 650)

(B2023/55)

VICE PRESIDENT CATANZARITI

SYDNEY, 1 FEBRUARY 2023

Proposed protected action ballot of employees engaged in the collection of waste for Penrith City Council

This is an application by the Transport Workers' Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Veolia Recycling & Recovery Pty Ltd (Respondent).

On 1 February 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Ho Lau of the Applicant declared on 25 January 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An Order has been separately issued in PR750134.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia lodged an application with the Fair Work Commission under section 437 of the Fair Work Act 2009, seeking an order for a protected action ballot among employees of Veolia Recycling & Recovery Pty Ltd involved in the collection of waste for Penrith City Council. The application was made as the union claimed it had been genuinely attempting to reach an agreement with Veolia but had been unsuccessful. Veolia did not oppose the application, resulting in the Commission deciding to determine the matter based on the submitted documents without the need for a hearing.

The primary legal issue before the Commission was whether the union had satisfied the prerequisites for a protected action ballot under the Fair Work Act. Specifically, the union needed to demonstrate that it had been genuinely attempting to negotiate with Veolia and that there was a notification time in relation to the proposed agreement, as required by section 443(1) of the Act.

Upon reviewing the application and the statutory declaration from Ho Lau of the union, Vice President Catanzariti found that the union had indeed been genuinely trying to reach an agreement with Veolia and that the notification time requirement had been met. The Vice President was satisfied that the union had fulfilled the necessary conditions to proceed with the protected action ballot. Consequently, the application was approved, and an order was issued to allow the ballot to proceed.

The Fair Work Commission, through Vice President Catanzariti, granted the Transport Workers' Union of Australia's application for a protected action ballot, thereby permitting the union to proceed with the ballot among its members employed by Veolia Recycling & Recovery Pty Ltd. The decision was made on the papers without a hearing, as Veolia did not oppose the application. This ruling ensures the union can move forward with the industrial action as outlined in the application.

Transport Workers' Union of Australia v Veolia Recycling & Recovery Pty Ltd (ACN 002 902 650)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established