s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of SC Hydro 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 SC Hydro Pty Ltd (SC Hydro or Employer) that are currently covered by the S C Hydro Pty Ltd AWU and CFMMEU Surface Works Greenfield Agreement 2021 - 2025.

• [2] I note that the Construction, Forestry and Maritime Employees Union (CFMEU) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)[1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

• [3] On 28 April 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

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

• [5] On the basis of the material before me, including the declaration of Darren Cameron, Union Official, 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 SC Hydro, 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] 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 May 2025.[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 PR786441.

• [9] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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] Respectively, B2025/665 and B2025/669

[2] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

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