Fair Work Act 2009

s.437 - Protected action

Proposed protected action ballot of employees of Zinfra Pty Ltd T/as ZNX 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 ZNX Pty Ltd (ZNX or Employer). The application was made on 2 May 2025 and concerns a proposed single-enterprise agreement.

• [2] On 5 May 2025, the Commission was advised that the Employer objected to the application on a number of grounds including that:

(a) The application and the accompanying draft order had named the Employer incorrectly as 'Zinfra Pty Ltd' which should have instead read 'ZNX Pty Ltd';

(b) The draft order had not identified the relevant group of employees to be balloted;

(c) The ballot questions had not been separated individually and appeared as a block of text as opposed to a series of questions; and,

(d) The relevant work bans to which the ballot order related were either insufficiently specific or ambiguous or both.

• [3] On 5 May 2025, the AWU responded to the above objections. The AWU sought that the name of the Employer be amended pursuant to s.586. Further, the AWU relied on s.437(5)(a) with respect to the matter of the identification of the employees to be balloted. As to the remainder of the objections, the AWU suggested amended questions that were in form and content responsive to the position put by the Employer. The matter was allocated to my Chambers in the evening on 5 May 2025.

• [4] On 6 May 2025 and following correspondence from my Chambers, the Commission was advised that the Employer, in effect, did not object to the Application and a consent position had been reached on both the issues of the questions to be balloted and the grant of the Application itself. Accordingly, I have decided that the matter will be determined on the papers without the need for a hearing.

• [5] The application referred to Zinfra Pty Ltd as the legal name of the Respondent and ZNX Pty Ltd as the trading or registered business name. For an abundance of caution, I have determined to amend the application pursuant to s.586 and in the manner sought by the AWU by amending the name of the Employer from 'Zinfra Pty Ltd' to 'ZNX Pty Ltd'.

• [6] I have considered the material before the Commission, including the declaration of Mr Troy Rogers, Trade Union Official which sets out:

(a) That the current enterprise agreement has passed its nominal expiry date;

(b) That bargaining has commenced and a Notice of Employee Representational Rights has been issued to ZNX employees;

(c) The steps taken by the AWU during bargaining with ZNX; and,

(d) That the AWU has been, and is, genuinely trying to reach agreement with ZNX.

• [7] Accordingly, 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.

• [8] 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 consequently is authorised to conduct the ballot.

• [9] 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 20 May 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act. An Order has been separately issued to this effect in PR787059.

• [10] I will conduct the s.448A compulsory conciliation conference and will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. 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 date sought in the application.

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