s.437 - Protected action

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

Proposed protected action ballot of employees of Queensland Rail - 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 Queensland Rail (QR or Employer). The employees to be balloted in this matter are covered by the Queensland Rail Network Enterprise Agreement 2023.

• [2] I note that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has also an made an application[1] for a protected action ballot order in relation to the same enterprise agreement.

[3] On 6 March 2026, the parties advised that they have reached agreement on the terms of the protected action ballot order which included an extended notice period of seven calendar days for employees employed as Electric Control Operators and five calendar days for other employees in relation to the proposed forms of industrial action.

[4] In the circumstances, as the Respondent does not oppose the application, 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 Darren Wood, Union 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 QR, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero 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 23 March 2026.[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 notice period of seven calendar days for employees employed as Electric Control Operators and five calendar days for other employees (but not less than three working days) applies to the items listed within clause 5 of the Order.

[9] An Order has been separately issued in PR797475.

[10] 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.

[2] 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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