[2026] FWC 1115

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

Proposed protected action ballot of employees of Cockburn Cement Limited - non-AEC ballot agent electronic voting

[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 Cockburn Cement Limited trading as Swan Cement (Swan Cement or Employer).

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

[3] On 31 March 2026, the Commission was advised that the Employer, in effect, neither supported nor opposed the application and sought to reserve its future rights more generally. I observe the AMWU provided an amended application clarifying the intended ballot period to be 11 working days.

[4] In the circumstances, I have granted leave to amend the application and 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 Simon Rushworth, Lead 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 Swan Cement, 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 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 20 April 2026.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[8] An Order has been separately issued in PR798234.

[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 if an order is ultimately made arising from each of those applications. 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.

[3] This is, in effect, 11 working days from the making of the Order and was the period sought in the application.

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