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 Siemens Ltd - non-AEC ballot electronic voting

[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 Siemens Ltd (Siemens or Employer).

[2] On 23 February 2026, the Commission was advised that the Employer did not object to the Application. The Employer did raise concerns about certain aspects of the information required to be provided to the ballot agent. Having afforded an opportunity for the parties to confirm their positions and sought information on the issues from the ballot agent involved, I have dealt with this issue, and the application more generally, on the papers without holding a hearing.

[3] On the basis of the material before me, including the declaration of Shannon Crundwell, 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 Siemens, 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.

[4] The ballot is to be conducted by Vero Engagement & Voting Solutions Pty Ltd (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.

• [5] 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 11 March 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[6] In relation to the employee/member information, given the advice from the ballot agent that is charged under the order to conduct the ballot and the common positions of the parties, I have removed reference to the "Employee ID". However, as the Order relies upon the ballot agent having a postal address where the employee does not have either a mobile phone or email address (clause 8.2.8) I have included the data field for the "Full Address" of employees. That data field will however only be required to be completed where the Employer or the CEPU respectively do not have either the mobile phone or the email details of the employee concerned. I am satisfied that in this case, the integrity of the ballot can be maintained based upon the remaining information and that the address is not otherwise required due to nature of the ballot and the particular terms of this order.

[7] An Order has been separately issued in PR797061.

[8] 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, 10 working days from the making of the Order and was the period sought in the application.

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