[2026] FWC 1160

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 Saputo Dairy Australia Pty Ltd -AEC ballot

[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 Saputo Dairy Australia Pty Ltd (Saputo Dairy or Employer).

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

[3] On 2 April 2026, the Commission was advised that the Employer, in effect, did not object to the Application. I note the Employer initially raised an objection in relation to some of the details of the declaration accompanying the application but did not wish for the AMWU to address these points. I also observe the AMWU clarified the proposed agreement and amended the application to account for inconsistencies raised by the Commission.

[4] In the circumstances, I have amended 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 Michael Wickham, 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 Saputo Dairy, 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 the Australian Electoral Commission (AEC). I have amended the Order to reflect the Commission standard wording that is consistent for an AEC Order. This includes that the detail directions normally issued in the case of a non-AEC ballot agent are not required in the case of the AEC given the terms of the Act and the nature of that entity.

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

[8] An Order has been separately issued in PR798343.

[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 matter if an order is ultimately made arising from that application. 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] B2026/348. This application is presently contested.

[2] This is, in effect, 30 working days from the making of the Order and is the minimum ballot period required by the AEC.

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