s.437 - Application for a protected action ballot order

Association of Professional Engineers, Scientists and Managers, Australia

Proposed protected action ballot of employees of Northern Territory of Australia.

• [1] This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA 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 the Northern Territory of Australia (NT or Employer).

• [2] APESMA is seeking that a ballot be conducted of members in its pharmacy division who are employed by the NT, including Pharmacists and Pharmacy Technicians, across the Northern Territory.

• [3] On 29 July 2025, the Commission was advised that the Employer did not oppose the making of the application but sought that an extended notice period be ordered in relation to the proposed industrial action set out in clause 5 of the Order. APESMA did not consent to the extended notice period.

• [4] In the circumstances, I have today held a hearing to determine the matter. During the course of the hearing, the parties advised that a consent position had been reached on the period of notice. Having explored the basis for that agreed position, I have granted leave to amend the application to reflect that position and now issued the proposed order.

• [5] On the basis of the material before me, including the declaration of Jessica Hensman, Lead Organiser, setting out the steps taken by the APESMA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with the NT, 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 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.

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

• [8] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended minimum period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended written notice period of seven (7) calendar days applies to the items 8, 10, 11, 12, 13, 14, 23, 24 and 28 listed within Clause 5 of the Order.

• [9] An Order has been separately issued in PR790114.

• [10] 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.

S Crawford with J Hensman, M Scott and M James for the Association of Professional Engineers, Scientists and Managers, Australia.

B Jackson with H Glew, G Walsh, I Larard, A Brannelly and D Doherty for the Northern Territory of Australia.

[1] This is, in effect, 10 working days from the making of the Order and was the period discussed with the parties during the hearing of this matter.

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