Fair Work Act 2009

s.437 - Application for a protected action ballot order

Infrabuild Construction Solutions Pty Ltd T/A InfraBuild Construction Solutions

Proposed protected action ballot of employees of InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Construction Solutions

• [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 Infrabuild Construction Solutions Pty Ltd trading as InfraBuild Construction Solutions (Infrabuild or Employer).

• [2] On 27 June 2025, the Commission was advised that the Employer had safety related concerns with three of the proposed questions set out in clause 5 of the proposed order, and that one of the proposed questions lacked specificity. On 30 June 2025, the AWU subsequently agreed to the removal of question 8 of clause 5, and provided an undertaking for what became questions 13, 14 and 15 to address the employer's safety concerns.

• [3] I observe that the Parties agreed for the AWU to provide the following undertaking for proposed actions arising from questions 13,14, and 15, which has also been added to the Order:

In an emergency situation where there is a serious and imminent risk to personal health and safety, where work is necessary to mitigate or avert that risk, and where no other workers are available to perform that work, AWU members will temporarily suspend employee claim action other than stoppages of work to the extent necessary to perform the work that is necessary to avert or mitigate the risk.

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

• [5] On the basis of the material before me, including the declaration of Chris Donovan, Assistant National Secretary, 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 Infrabuild, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero 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 July 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 PR788693.

• [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 for 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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