s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union

Proposed protected action ballot of employees of Women's Legal Service (SA) - 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 Women's Legal Service (SA) (WLSSA or Employer).

[2] On 26 March 2026, the Commission was advised that the Employer did not object to the application.

[3] In the circumstances, I have amended the application and 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 Jessica Bakewell, Union Official, 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 WLSSA, 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 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.

• [6] The ASU sought to have the ballot close "7 days after the commencement of the ballot (with the commencement date to be confirmed with the determination of a suitable timetable by the proposed ballot agent)". The Commission must establish the date by which the ballot is to close.[1] Having regard to all of the circumstances of this matter, including the positions and particular situation of the parties as known, and the various other considerations outlined in CEPU v Nilsen[2] I have determined that for the purposes of s.443(3)(c) of the Act, the date by which voting is to close is 14 April 2026. [3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] An Order has been separately issued in PR798095.

[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.

[2] [2023] FWCFB 134.

[3] This is, in effect, 10 working days from the making of the Order.

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