Application by Transport Workers' Union of Australia (179V)
What happened
The Transport Workers' Union of Australia (TWU) applied for an order to hold a protected action ballot for employees of Veolia Recycling & Recovery Pty Ltd and Veolia Environmental Services (Australia) Pty Ltd. Veolia objected, stating the union’s bargaining efforts didn't reflect the negotiation's maturity. The Commission considered written submissions and declarations from a TWU official.
What was decided
The Fair Work Commission decided to grant the protected action ballot order. The Commission found no basis to contest the application's validity. It noted the TWU must demonstrate it has been genuinely trying to reach an agreement with Veolia. The Commission determined the matter based on written submissions without a hearing.
What it means for employers
Employers should ensure bargaining processes are well-documented. They need to be prepared to demonstrate the maturity of negotiations if objecting to a protected action ballot order. The Commission will consider whether good faith bargaining obligations are being met.
What it means for employees
Employees should be aware that the union can apply for a protected action ballot order to facilitate enterprise bargaining. A ballot order allows employees to vote on whether to take protected industrial action.
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