[2025] FWC 2474

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

Proposed protected action ballot of employees of Toll Transport Pty Ltd T/A Toll Helicopters

• [1] This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU 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 Toll Transport Pty Ltd trading as Toll Helicopters (Toll Helicopters or Employer).

• [2] On 21 August 2025, the Commission was advised that the Employer, in effect, did not object to the application if amended to extend the ballot period and include an extended notice period for taking protected industrial action. The AMWU accepted that there were relevant exceptional circumstances and agreed to an extended notice period. The AMWU also proposed a longer ballot period, albeit not the one sought by Toll Helicopters. The parties did not seek to make any further submissions in relation to the ballot period.

• [3] In the circumstances, I have decided to amend the application to reflect the discussions between the parties and otherwise determined the matter on the papers without holding a hearing.

• [4] One of the original ballot questions in Clause 5 was deleted from the proposed order by the AMWU following statutory matters being raised by the Commission.

• [5] On the basis of the material before me, including the declaration of Belinda Giblin, Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Toll Helicopters, 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 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.

• [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 10 September 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] 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. The extended minimum notice period of five (5) working days applies to the proposed actions listed in Clause 5 of the Order.

• [9] An Order has been separately issued in PR790935.

• [10] 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 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] This is, in effect, 13 working days from the making of the Order as I consider that this will enable the ballot to be conducted as expeditiously as practical in accordance with s.443(3A) of the Act.

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