Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Association of Professional Engineers, Scientists and Managers, Australia

Hydro-Electric Corporation Trading AS Hydro Tasmania

Proposed protected action ballot of employees of Hydro-Electric Corporation Proposed protected action ballot of employees of Hydro-Electric Corporation Trading As Hydro Tasmania

• [1] This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA 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 Hydro-Electric Corporation trading as Hydro Tasmania (Hydro Tasmania or Employer).

• [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch (ASU)[1] have made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

• [3] On 14 August 2025, the Commission was advised that the Employer, in effect, does not object to the Application taking into account:

1. Consent was reached between the parties that a period of 5 working days be specified as to the period of written notice for the purposes of s.414(2)(b) of the Act to be provided by APESMA to the Employer for the purposes of taking protected industrial action in the form of action listed in Questions 8, 9, 10 and 17; and

1. An undertaking as to safety has been provided by APESMA in the form attached in Annexure A.

• [4] In the circumstances, I 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 James Downie, Organiser, setting out the steps taken by the APESMA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Hydro Tasmania, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently 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 28 August 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR90668.

• [9] This matter will shortly be the subject of a compulsory conciliation conference pursuant to s 448A of the Act. An Order will issue in due course requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference and 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 date sought in the application.

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