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

Ratio

The Deputy President granted a protected action ballot order under s.437 of the Fair Work Act 2009 where the applicant union satisfied all requirements under s.443(1), including genuine bargaining, and the employer did not object. The ballot period was set to close on 3 April 2025, and a mandatory conciliation conference was scheduled for 27 March 2025.

Outcome

For applicant granted

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 8

Application made under s.437 of the Fair Work Act 2009 for a protected action ballot order
Application relates to employees of Veolia Environmental Services (Australia) Pty Ltd
Employer did not object to the application
Matter determined on the papers without holding a hearing
Declaration of Ho Lau, Official, setting out steps taken by TWU in bargaining and genuine attempt to reach agreement
Fair Vote Services Pty Ltd approved as eligible protected action ballot agent
Voting to close on 3 April 2025 (10 working days from making of order)
s.448A compulsory conciliation conference scheduled for 27 March 2025 at 10:30am by videoconference

Factors

For

Applicant union demonstrated genuine attempt to reach agreement through declaration of Official setting out bargaining steps
Notification time in relation to proposed agreement established
All requirements under s.443(1) of the Fair Work Act 2009 satisfied
Employer did not object to the application
Eligible protected action ballot agent approved and authorised to conduct ballot

Against

Legislation referenced

Fair Work Act 2009 (Cth) s.437
Fair Work Act 2009 (Cth) s.443(1)
Fair Work Act 2009 (Cth) s.443(3)(c)
Fair Work Act 2009 (Cth) s.448A(2)
Fair Work Act 2009 (Cth) s.448A
Fair Work Act 2009 (Cth) s.468A

Concept tags · 2

[P]Good faith bargaining [P]Protected action ballot order

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2010] FWAFB 9963 J.J. Richards & Sons Pty Ltd v Transport Workers' Union of Australia	FWAFB	2010-12-23	Resolved	2	37
[2015] FWCFB 210 Esso Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and...	FWC — Full Bench	2015-02-10	Against applicant	2	31
[2010] FWAFB 1714 Stuartholme School and Others (on behalf of two groups of Catholic education...	FWAFB	2010-03-03	Against applicant	2	4
[2009] FWAFB 599 Australian Postal Corporation v Communications, Electrical, Electronic,...	FWAFB	2009-10-12	Against applicant	2	2
[2010] FWAFB 344 Australian Postal Corporation v Communications, Electrical, Electronic,...	FWAFB	2010-01-20	Against applicant	2	2
[2017] FWCFB 1019 Construction, Forestry, Mining and Energy Union (105N) v AGL Loy Yang Pty...	FWC — Full Bench	2017-03-02		2	0
[2016] FWC 2716 Application by "Automotive, Food, Metals, Engineering, Printing and Kindred...	FWC	2016-01-01	For applicant	2	2
[2013] FWC 166 Application by United Voice; Application by Communications, Electrical,...	FWC	2013-01-01	For applicant	2	1
[2013] FWC 630 Application by "Automotive, Food, Metals, Engineering, Printing and Kindred...	FWC	2013-01-01	For applicant	2	1
[2013] FWC 694 Application by Australasian Meat Industry Employees Union, The	FWC	2013-01-01	Against applicant	2	1

Archived text (384 words)

1 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). [2] 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. [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [4] 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. [5] 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. [6] 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. [7] An Order has been separately issued in PR785379. [8] 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 [2025] FWC 796 DECISION [2025] FWC 796 2 bargaining representatives in the proposed enterprise agreement at the conference will be separately issued. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR785378> 1 This is, in effect, 10 working days from the making of the Order and was the date sought in the application.