[2025] FWC 2644

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 Aurizon Bulk Central Pty Ltd

• [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 Aurizon Bulk Central Pty Ltd (Aurizon or Employer).

• [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Rail Tram & Bus Industry Union (RTBU)[1] have each made a separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.

• [3] I also observe that the AMWU has provided an amended draft order and some other material seeking to clarify the identity of the employer and to correct some errors in the proposed ballot questions. On 5 September 2025, the Employer advised that it did not object to the (amended) application subject to confirmation of there being an extended notice period of five (5) working days in relation to seven of the proposed forms of industrial action. The AMWU in effect, accepted that there were the relevant exceptional circumstances and agreed to that amendment.

• [4] In the circumstances, I have decided to grant leave to amend the application to generally reflect the draft 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 Darren Travis, State 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 Aurizon, 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 19 September 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] Pursuant to s.443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the period of written notice referred to in s.414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from the nominated ballot questions (1, 5, 9, 17, 18, 19 and 20) in clause 5 of the Order.

• [9] An Order has been separately issued in PR791496.

• [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 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] B2025/1399 and B2025/1402 respectively.

[2] This was the specific date sought in the application and is consistent with the related matters.

Printed by authority of the Commonwealth Government Printer