s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union

Proposed protected action ballot of employees of Powercor Australia Ltd and Citipower Pty Ltd

• [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 Powercor Australia Ltd and Citipower Pty Ltd (the Employers). The Commission understands that the Employers are related businesses and that the parties are seeking to negotiate an enterprise agreement that presently applies to both entities and the ASU.

• [2] On 29 April 2025, the Commission was advised that the Employers, in effect, did not object to the Application, as amended.

• [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

• [4] On the basis of the material before me, including the declaration of Jonathan Smallbone, ASU Organiser, setting out the steps taken by the ASU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, 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). The AEC has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently 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 12 June 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [7] An Order has been separately issued in PR786534.

• [8] 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, which is the minimum period required by the AEC.

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