s.437 - Application for a protected action ballot order

Association of Professional Engineers, Scientists and Managers, Australia

Queensland Rail Transit Authority T/A Queensland Rail

Proposed protected action ballot of employees of Queensland Rail Transit Authority trading as Queensland Rail - non-AEC ballot electronic voting

[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 Queensland Rail Transit Authority trading as Queensland Rail (Queensland Rail or Employer).

[2] On 12 March 2026, the Commission was advised that the Employer did not object to the Application if the notice period for the taking of industrial action was amended. APESMA, in effect, accepted that there were relevant exceptional circumstances and consented to the amended notice period.

• [3] I note that this application has been lodged in the context of a number of protected action ballot order applications made in relation to the same employer. So far, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)[1], the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[2] and the Australian Rail, Tram and Bus Industry Union (RTBU)[3] have each made multiple other applications for protected action ballot orders in relation to the same employer, concerning three different enterprise agreements. The employees to be balloted in this matter have been covered by the Queensland Rail Administrative, Professional and Technical Enterprise Agreement 2023.[4]

[4] In the circumstances, I have decided to amend to application to reflect the consent position and determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the declaration of Annalese Jack, 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 Queensland Rail, 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 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 26 March 2026.[5] 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 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 minimum extended notice period of five (5) calendar days applies to all questions in Clause 5 of the Order. Given the operation of s.414(2)(a) of the Act, the notice period must always be at least three (3) working days. The extended notice has been set out in clause 15 of the order as is in the normal practice of the Commission.

[9] An Order has been separately issued in PR797585.

[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.

[5] 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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