Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Ventia (Australia) Pty Ltd, Downer Utilities Australia Pty Ltd & Jacobs Group (Australia) Pty Ltd T/A Confluence Water

Proposed protected action ballot of employees of Ventia (Australia) Pty Ltd, Downer Utilities Australia Pty Ltd & Jacobs Group (Australia) Pty Ltd T/A Confluence Water

• [1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU 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 Ventia (Australia) Pty Ltd (Ventia), Downer Utilities Australia Pty Ltd (Downer) & Jacobs Group (Australia) Pty Ltd (Jacobs) trading as Confluence Water (Confluence Water or Employers).

• [2] On 3 July 2025, the Commission was advised that subject to one caveat, the Employers did not object to the Application. The Employers contended that was not an employer covered by the present bargaining and would not be subject to the proposed enterprise agreement. They sought, in effect, that Jacobs not be included in the proposed order. The CEPU was requested to advise the Commission about its position on this aspect but has not responded in a timely manner.

• [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. In terms of Jacobs, I observe that the present enterprise agreement covers Ventia and Downer but does not cover Jacobs. In the absence of any position from the CEPU on this aspect, I have decided to issue the order applicable to Ventia and Downer, but not Jacobs. However, I grant leave to the CEPU to seek to amend the order to include Jacobs should it have proper grounds to do so. In that event, any such application should be made as a matter of immediate priority, and I would seek to hear all parties and determine such before the commencement of the ballot itself.

• [4] On the basis of the material before me, including the declaration of Jesse Savill, Organiser, setting out the steps taken by the CEPU in bargaining with Ventia and Downer and that it has been, and is, genuinely trying to reach agreement with them, 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 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.

• [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 18 July 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 PR788913.

• [8] 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.

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

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