s.437 - Application for a protected action ballot order

Veolia Environmental Services (Australia) Pty Ltd

Proposed protected action ballot of employees of Veolia Environmental Services (Australia) Pty Ltd

[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 Veolia Environmental Services (Australia) Pty Ltd (Veolia or Employer).

[2] On 17 February 2026, the Commission was advised that the Employer, in effect, did not object to the Application. However, Veolia has raised concerns about the (lack of) specificity around timeframes and that the impacts of protected industrial action on weighbridge operations at the Geo Manifest would result in EPA non-compliance. The AWU has indicated that it will provide further details of the proposed actions in the s.448A conference and when the s.414 notice of industrial action is provided. Veolia contended that the specificity offered by AWU should be in the ballot questions set out in the order. Neither party sought to be heard on the concerns.

[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 Danny Humphrey, 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 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] In relation to the specificity of the ballot questions and potential consequences of any protected industrial action, I observe that under the scheme of the Act, the ballot questions must state the nature of the proposed action.[1] The detail of any action to be taken is to be provided, in this case by the AWU, when and if notice of industrial action is given under s.414 of the Act. It is also at this time that the impact of notified action might be assessed with a view to various rights and obligations under the legislation. See the more detailed discussion in Australian Nursing and Midwifery Federation v CareFlight Limited.[2]

[6] The ballot is to be conducted by the Australian Electoral Commission (AEC).

• [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 1 April 2026.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[8] An Order has been separately issued in PR796835.

[9] This matter will be assigned to another 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.

[2] [2026] FWC 81 at [10] to [14].

[3] This is, in effect, 30 working days from the making of the Order and was the period sought in the application.

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