s.437 - Application for a protected action ballot order

Mining and Energy Union Northern Mining and NSW Energy District Branch

Wambo Coal Pty Limited T/A Peabody Energy Australia

Proposed protected action ballot of employees of Wambo Coal Pty Limited trading as Peabody Energy Australia - AEC ballot

[1] This is an application by the Mining and Energy Union Northern Mining and NSW Energy District Branch (MEU 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 Wambo Coal Pty Limited trading as Peabody Energy Australia (Wambo Coal or Employer).

• [2] On 5 March 2026, the Commission was advised that the Employer, in effect, did not object to the Application[1].

[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 declaration of Chad Hanson, District Vice President, setting out the steps taken by the MEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Wambo Coal, 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 the Australian Electoral Commission (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 21 April 2026.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] An Order has been separately issued in PR797414.

[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] I observe the MEU amended their application to provide consistent wording regarding the employees to be balloted.

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

Printed by authority of the Commonwealth Government Printer