s.437 - Application for a protected action ballot order

Association of Professional Engineers, Scientists and Managers, Australia

Proposed protected action ballot of employees of DXC Enterprise Services Australia Pty Limited - non-AEC ballot electronic voting

[1] This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (APEMSA 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 DXC Enterprise Services Australia Pty Ltd (DXC or Employer).

• [2] I note that the Australian Municipal, Administrative, Clerical and Services Union (ASU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

[3] The Employer initially sought amendments to the protected action ballot order so I listed the matter for hearing on 23 February 2026. At the hearing, the Employer advised that it was no longer pressing the amendments sought, apart from an amendment to reflect the correct legal name of the entity involved in bargaining. APESMA did not object to this amendment, so I have allowed a correction to the application pursuant to s.586(a) of the Act.

[4] On the basis of the material before me, including the declaration of Paul Inglis, Union Official, setting out the steps taken by the APEMSA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with DXC, 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 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 10 March 2026.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] An Order has been separately issued in PR797033.

[8] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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] This is, in effect, 14 days after the anticipated commencement date of the ballot, as sought by the Applicant, adjusted by 1 additional day as to not fall on the public holiday.

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