Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Lumus Imaging (Queensland) Pty Ltd

• [1] This is an application by Nathanael Timothy Bishop (Mr Bishop 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 Lumus Imaging (Queensland) Pty Ltd (Lumus or Employer).

• [2] On 12 August 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

• [3] I observe that following the Commission raising some inconsistencies between the application and the draft order, revised documents were provided by Mr Bishop. In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

• [4] On the basis of the material before me, including the declaration of Mr Bishop, Radiographer, setting out the steps taken by himself in bargaining with the Employer and that he has been, and is, genuinely trying to reach agreement with Lumus, 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 24 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 PR790644.

• [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, 30 working days from the making of the Order and is the minimum period required by the AEC to conduct a ballot of this nature.

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