s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union

Proposed protected action ballot of employees of Queensland Rail - non-AEC ballot electronic voting

[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 Queensland Rail (Queensland Rail or Employer).

[2] I note that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU),[1] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU),[2] the Australian Rail, Tram and Bus Industry Union (ARTBIU),[3] and the Construction, Forestry and Maritime Employees Union (CFMEU)[4] have each made a separate application for a protected action ballot order in relation to the same proposed agreement. The employees to be balloted in this matter have been covered by the Queensland Rail Network Enterprise Agreement 2023.[5]

[3] On 27 March 2026, Queensland Rail advised that it did not object to the application as it provided for an extended notice period of 7 calendar days in relation to the proposed forms of industrial action. I observe the ASU sought to amend their application to clarify the time period for parties to provide their information to the ballot agent relevant to the voter rolls; being 3 working days.

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

[5] On the basis of the material before me, including the declaration of Jennifer Thomas, Executive President, 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 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 15 April 2026.[6] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[8] 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) calendar 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.

[9] An Order has been separately issued in PR798143.

[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.

[6] 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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