Fair Work Act 2009

s.437 - Protected action

Mining and Energy Union Northern Mining and NSW Energy District Branch (MEU)

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

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

The Association of Professional Engineers, Scientists and Managers, Australia

Delta Power & Energy (Vales Point) Pty Ltd Trading AS Delta Electricity

Proposed protected action ballot of employees of Delta Power & Energy (Vales Point) Pty Ltd -AEC ballot

[1] Each of the Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), and The Association of Professional Engineers, Scientists and Managers, Australia (Applicants) has made an application under s 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Delta Power & Energy (Vales Point) Pty Ltd trading as Delta Electricity.

[2] Delta Electricity raised some objections to the applications.

[3] On 27 March 2026, I conducted a conference and expressed preliminary views in relation to the objections raised by Delta Electricity. The MEU agreed to remove Q19 on the basis that it was a duplicate question. All Applicants agreed to remove the question concerning 'electronic locks'. All Applicants agreed that the Australian Electoral Commission would be the ballot agent and the date by which voting is to close is no later than 30 working days after the ballot order is issued by the Commission. At the conclusion of the conference, Delta Electricity advised the Commission that it did not press its objections to the applications.

[4] On the basis of the material before me, including the declarations setting out the steps taken by the Applicants in bargaining with Delta Electricity, I am satisfied that each of the Applicants has been, and is, genuinely trying to reach agreement with Delta Electricity. 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 ballots are to be conducted by the AEC.

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

[7] Orders will be separately issued in each matter.

[8] Each matter is listed for a s 448A compulsory conciliation conference, in person, before me at 10am on 5 May 2026. I will issue an order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. I will also issue directions to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[1] This is, in effect, 30 working days from the making of the Order and is the minimum period required by the AEC.

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