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 Goldwind Australia Pty 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 Goldwind Australia Pty Ltd (Goldwind or Employer).

• [2] I note that the CEPU have previously made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

[3] On 19 March 2026, Goldwind advised that it did not object to the application which includes there being an extended notice period of 5 working days in relation to the proposed forms of industrial action. I observe that the CEPU, in effect, accepted that there were relevant exceptional circumstances. I also observe that Goldwind raised two issues; the first in relation to the applicant's position on the status of bargaining, the second concerned a correction to an individual bargaining representative. I have noted the first issue and understand the second issue was resolved by an amendment to the application.

[4] In the circumstances, I have amended the application and 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 Ben Schmidt, National 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 Goldwind, 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 2 April 2026.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[8] Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the period of written notice referred to in section 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from the ballot questions in clause 5 of the Order.

[9] An Order has been separately issued in PR797791.

[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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