s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd - non-AEC ballot agent electronic voting

• [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 Cleanaway Operations Pty Ltd (Cleanaway or Employer).

• [2] On 16 December 2025, the Employer did not raise any specific objections to the Application but noted concerns it had in relation to when the ballot would close. The Applicant sought a ballot close date 10 working days from the making of the Order, and in their response the Employer proposed a 15 working day ballot period so as to accommodate their scheduled shutdown period. The ballot is to close on a date determined by the Commission, and this is dealt with below.

• [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 Joshua Dodsworth, Union 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 Cleanaway, 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 9 January 2026.[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 PR795099.

• [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 the period determined by the Commission having regard to the scheme of the Act and all of the known circumstances including the impact of the upcoming Christmas/New year period.

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