[2025] FWC 2434

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Proposed protected action ballot of employees of Graincorp Operations Limited

• [1] This is a joint application by the Construction, Forestry and Maritime Employees Union (CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), (collectively the Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order (PABO) in relation to certain employees of Graincorp Operations Limited (Graincorp or Employer). Section 437(1) of the Act contemplates a joint application of this kind by 2 or more bargaining representatives.

• [2] On 19 August 2025, the Commission was advised that the Employer, whilst indicating a different view on aspects of the prior negotiations which did not impact upon the statutory requirements, did not object to the Application.

• [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

• [4] On the basis of the material before me, including the separate declarations of Bradley McDougall, Organiser (CEPU) and Glen Williams, Branch Secretary (CFMEU) setting out the steps taken by the CEPU and CFMEU in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with Graincorp, 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.

• [5] 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 consequently is authorised to conduct the ballot.

• [6] 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 4 September 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [7] An Order has been separately issued in PR790831.

• [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, 14 (calendar) days after the anticipated commencement of the ballot, and was the period sought in the application.

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