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 Inver Engineering Pty Ltd - AEC ballot agent

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU or applicant) has applied under s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Inver Engineering Pty Ltd (employer).

[2] I note that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement in FWC Matter B2026/167. In the interests of efficiency, and with the parties' agreement, I dealt with both matters together.

[3] On 27 February 2026, Inver advised the Commission that it objected to the Application.

[4] I listed the matter for a hearing and conducted a conciliation conference at the commencement of the hearing. As a result of the discussions in that conference, Inver withdrew its objection.

[5] On the basis of the material before me, including the declaration of John Islip, Union Official, setting out the steps taken by the CEPU in bargaining with the Employer, I am satisfied that it has been, and is, genuinely trying to reach agreement with Inver. I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s443(1) of the Act have been met.

[6] The ballot is to be conducted by the Australian Electoral Commission (AEC).

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

[8] An Order has been separately issued in PR797285.

[9] Section s 448A of the Act provides that the Commission must order the bargaining representatives for the proposed enterprise agreement to attend a conference for the purposes of mediation or conciliation in relation to the Agreement.

[1] This is, in effect, 30 working days from the making of the Order and was the date sought in the application.

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