Transport Workers' Union of Australia v Veolia Recycling & Recovery Pty Ltd

[2024] FWC 3507

[2024] FWC 3507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia

v

Veolia Recycling & Recovery Pty Ltd

(B2024/1637)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 16 DECEMBER 2024

Proposed protected action ballot of employees of Veolia Recycling & Recovery Pty Ltd

1. This is an application by the Transport Workers' Union of Australia acting through its SA/NT Branch (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 Recycling & Recovery Pty Ltd (Veolia or Employer).

1. On 13 December 2024, the Commission was advised that the Employer objected to the Application on a number of grounds including concerns about the impact of the proposed industrial action given the nature of the services provided by Veolia. It also raised concerns about the incomplete nature of the F34 and F34B forms provided by the TWU and whether one of the proposed ballot questions properly stated the nature of the industrial action. Although the TWU provided revised forms that were complete, the other issues remained in dispute. Further, I also subsequently raised an issue with the parties about the terms of an additional ballot question.

1. In the circumstances, I conducted a hearing today in order to determine the application. In the course of the hearing, the parties resolved the issues including the ballot questions. The Parties also agreed on a modified ballot closure of 8 January 2025 given the ballot agent’s closure and the Commission’s capacity to list the matter for a s.448A conference. The agreed arrangements satisfied the various statutory requirements for making the proposed order.

1. In that light, I granted leave to amend the application, and the Order is being issued in a modified form today.

1. On the basis of the material before me, including the declaration of William Cheffirs, 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 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 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 8 January 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 PR782509.

1. This matter will be assigned to a 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, 14 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

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