s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Melbourne Water Corporation

• [1] This is an application by the Australian Workers' Union (AWU 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 Melbourne Water Corporation (Melbourne Water or Employer).

• [2] On 10 April 2025, the Commission was advised that the Employer objected to the application on grounds that three of the questions regarding proposed action pose a risk to the welfare of employees and members of the public. I scheduled this matter for a Conference and Hearing on 11 April 2025 and parties were directed to file and serve submissions and evidence in support of their respective positions.

• [3] On 11 April 2025, the parties advised that they had reached agreement on the issues in dispute. The AWU subsequently lodged an amended application, the Employer advised in writing that it withdraws its objection, and I vacated the Conference and Hearing.

• [4] In light of the parties' consent position, I have decided to determine the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declaration of Uros Rasic, Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Melbourne Water, 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.

• [6] The ballot is to be conducted by Vero Engagement & 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.

• [7] 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 30 April 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR786061.

• [9] I will proceed to conduct the s.448A compulsory conciliation conference and will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference.

[1] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

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