s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Beach Energy Limited - AEC ballot agent

• [1] This is an application by the Australian Workers' Union (AWU 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 Beach Energy Limited (Beach Energy or Employer). I understand that the parties in this matter are seeking to negotiate a replacement for the Beach Energy Otway Operations (Production Maintenance Technicians) Enterprise Agreement 2022.

• [2] I note that the AWU has earlier made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.[1]

• [3] On 30 December 2025, the Commission was advised that the Employer, in effect, did not object to this Application if amended to include an emergency events provision. This addition was accepted by the AWU

• [4] In the circumstances, I have decided to grant leave to amend the application accordingly and have determined the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declaration of Carl Millard, Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Beach Energy, 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 the Australian Electoral Commission (AEC).

• [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 12 February 2026.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR795418.

• [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] B2025/1503, B2025/1526 and B2025/1869.

[2] This is, in effect, 30 working days from the making of the Order and is the minimum period required by the AEC.

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