s.437 - Protected action

Proposed protected action ballot of employees of Thales Australia Limited - non-AEC ballot 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 Thales Australia Limited (Thales or Employer).

[2] The Commission was advised that the Employer objected to the application because of the wording of the questions to be put to employees, which it contended was not sufficiently clear to allow employees to make an informed choice about what industrial action they may wish to take.

[3] A conference was held today which resulted in the Applicant providing a new list of questions to be included in the ballot. I am satisfied that these new questions are sufficiently clear.

[4] On the basis of the material before me, including the declaration of Mick Ivill, 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 Thales, 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.

[5] The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.

[6] 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 5 March 2026. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] An Order has been separately issued in PR796966.

[8] This matter will be listed for a s.448A conference. An Order and Directions will be issued requiring attendance at the conference.

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