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).

• [2] I note that this application has been lodged in the context of a number of protected action ballot order applications made in relation to the same employer. So far, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)[1], Australian Rail, Tram and Bus Industry Union (RTBU)[2] and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[3] have each made multiple other applications for protected action ballot orders in relation to the same employer, concerning different enterprise agreements. The employees to be balloted in this matter have been covered by the Queensland Rail Rollingstock and Operations Enterprise Agreement 2023.[4]

[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 five calendar days in relation to the proposed forms of industrial action.

[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 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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.[5] 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 of five calendar days but not less than three working days for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission.

[9] An Order has been separately issued in PR797479.

[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.

[5] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer