Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Fonterra Australia Pty Ltd

• [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 Fonterra Australia Pty Ltd (Fonterra or Employer).

• [2] I observe that following preliminary processes adopted by the Commission, the AWU lodged an amended form of application, correcting the entity of the Employer, clarifying the group of employees to be balloted, and confirming that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was not an applicant in this particular matter. A declaration supporting the application as required by the Act was also provided by the AWU.

• [3] I also note that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the CEPU[1] have jointly made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement, and the Protected Action Ballot Order was granted in that matter.

• [4] On 15 July 2025, the Commission was advised that the Employer, in effect, did not object to the Application in its amended form.

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

• [6] On the basis of the material before me, including the declaration of Regan Powell, 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 Fonterra, 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.

• [7] The ballot is to be conducted by the Australian Electoral Commission (AEC).

• [8] 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 26 August 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [9] An Order has been separately issued in PR789632.

• [10] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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] This is, in effect, 30 working days from the making of the Order and was the period sought in the application.

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