s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Aurizon Bulk Central Pty Ltd Trading As Aurizon Bulk Central Pty Ltd - non-AEC ballot agent electronic voting

[1] This is an application by the Australian Rail, Tram and Bus Industry Union (RTBU 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 Aurizon Bulk Central Pty Ltd (Aurizon or Employer).

[2] On 6 February 2026, the Respondent advised that it did not object to the application if amended to confirm that an extended notice period of five (5) working days in relation to the proposed forms of industrial action would apply. The RTBU, in effect, accepted that there were the relevant exceptional circumstances and agreed to that amendment.

[3] In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Hayden James Boyle, Branch Organiser, setting out the steps taken by the RTBU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Aurizon, 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 True Vote Pty Ltd (True Vote). True 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] 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 23 February 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 five (5) 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 PR796517.

[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, 10 working days from the making of the Order and was the period sought in the application.

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