Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of INPEX Australia Pty Ltd - non-AEC ballot agent electronic voting

[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 INPEX Australia Pty Ltd (INPEX or Employer).

• [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

[3] On 9 April 2025, the Commission was advised that the Employer, in effect, did not object to the application in an amended form that contained the inclusion of an "emergency events" provision as part of the ballot questions in clause 5 of the proposed order and an extended notice period for the taking of industrial action. The AWU accepted the proposals and, in effect, the existence of relevant exceptional circumstances warranting the extended notice. INPEX has also provided a witness statement confirming the existence of such circumstances.

[4] In that light, I have decided to amend the application to reflect the proposed amended order and determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the declaration of Doug Heath, National 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 INPEX, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. By consent, the minimum extended notice period of six (6) working days applies to the items listed within clause 5 of the Order.

• [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 24 April 2026.[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 PR798494.

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

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