Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union

Electricity Generation and Retail Corporation trading as Synergy

Proposed protected action ballot of employees of the Electricity Generation and Retail Corporation trading as Synergy

• [1] This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU 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 Electricity Generation and Retail Corporation trading as Synergy (Synergy or Employer).

• [2] On 15 December 2025, the Commission was advised that the parties had reached a consent position in relation to an extended notice period for the taking of protected industrial action and a range of other matters.

• [3] In the circumstances, I have decided to grant leave to amend the application to reflect the consent position reached and otherwise determined the matter on the papers without holding a hearing.

• [4] On the basis of the material before me, including the declaration of Jill Hugo, Assistant Branch Secretary, setting out the steps taken by the ASU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Synergy, 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 the Australian Electoral Commission (AEC).

• [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 30 January 2026.[1]This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [7] Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the period of written notice referred to in section 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified seven (7) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from the ballot questions in clause 5 of the Order.

• [8] An Order has been separately issued in PR795062.

• [9] 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, in effect, 30 working days from the making of the Order and was the period sought in the application.

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