s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union

Proposed protected action ballot of employees of West Wimmera Shire Council

• [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 West Wimmera Shire Council (West Wimmera Council or Employer).

• [2] On 28 March 2025, the Commission was advised that the Employer did not object to the order being issued. However, West Wimmera Council did raise an issue regarding the nature of one of the proposed ballot questions (question 2 in clause 5) and safety concerns more generally regarding questions 2 and 20.

• [3] In the circumstances, I have decided to conduct a hearing to determine the matter. The hearing was conducted today. It is now common ground that the ballot questions all represent action that is capable of being industrial action within the meaning of the Act.

• [4] West Wimmera Council withdrew their other objection on question 2 of the proposed questions, but maintained their safety objection in relation to item 20. West Wimmera Council has acknowledged that these concerns would not prevent the Commission making the ballot order as proposed, but has sought to reserve its right to raise any safety related objections at a later stage.

• [5] On the basis of the material before me, including the declaration of Raymond William King, Organiser, 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 West Wimmera Council, 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] 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 14 April 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR785679.

• [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.

S Shepherd of the ASU with B King, B West and T Mulraney.

[1] This is, in effect, ten (10) working days from the date of the Order, as sought in the application.

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