Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Proposed protected action ballot of employees of MWOG Pty Ltd T/A Monadelphous

• [1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU 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 MWOG Pty Ltd trading as Monadelphous (MWOG or Employer).

• [2] I note that The Australian Workers' Union (AWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement

• [3] On 19 August 2025, the Commission was advised that the Employer, in effect, did not object to the Application as amended to reflect a consent position reached between the parties in an earlier matter that did not proceed.

• [4] In the circumstances, I have 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 Rory Cumins, Organiser, setting out the steps taken by the CEPU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with MWOG, 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 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 2 September 2025.[2] 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 PR790849.

• [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 matter. 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.

[2] This is, in effect, 10 working days from the commencement of the Order as sought in the application.

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