s.437 - Application for a protected action ballot order

Australian Federated Union of Locomotive Employees

Proposed protected action ballot of employees of Pacific National (QLD) Pty Ltd - non-AEC ballot agent electronic voting

[1] This is an application by the Australian Federated Union of Locomotive Employees (AFULE 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 Pacific National (Qld) Pty Ltd (Pacific National or Employer).

• [2] I note that the Australian Rail, Tram and Bus Industry Union (RTBU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

[3] On 2 March 2026, the Commission was advised that the Employer, in effect, did not object to the Application if amended to include an extended notice period for the taking of industrial action of 7 calendar days and certain modifications to the proposed ballot questions. The parties, including RTBU, subsequently reached a consent position on the notice period, and the Applicant consented to the amendments of the questions.

[4] In the circumstances, I have decided to grant leave to amend the application to reflect the agreed 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 Michael John McKitrick, State Secretary, setting out the steps taken by the AFULE in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Pacific National, 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] 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 extended notice period of 5 calendar days applies to the items listed within clause 5 of the Order.

• [8] 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 17 March 2026.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[9] An Order has been separately issued in PR797281.

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

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