s.437 - Protected action

Experience Co Admin Pty Ltd, Experience Co Admin QLD Pty Ltd

Proposed protected action ballot of employees of Experience Co Admin Pty Ltd & Experience Co Admin QLD Pty Ltd.

• [1] This is an application by The Australian Workers' Union (AWU) and Simon Ursin (collectively the Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Experience Co Admin Pty Ltd and Experience Co Admin QLD Pty Ltd (collectively the Respondents).

• [2] The Respondent did not oppose the making of the PABO, however it sought to extend the period of written notice required for the forms of industrial action contemplated by the ballot questions 1, 2, 3, 4, 5, 6, 9, 13, 14, 15, 18 and 20 (the Questions).

• [3] Section 443(5) of the Act provides that if there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) being longer than three working days, the protected action ballot order may specify a longer period of up to seven working days.

• [4] Following a conference conducted by the Commission and further discussions directly between the parties, a consent position was reached that the notice period for the Questions be extended to four working days.

• [5] Having considered the Respondents' submissions, I consider it appropriate to exercise my discretion to grant an extension of the notice period for the Questions. I am satisfied that an extension of the notice period from three working days to four working days is appropriate in all the circumstances.

• [6] On the basis of the material before me, including the declaration of Jonathan Cook, National Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Experience Co, 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.

• [7] The ballot is to be conducted by Vero Engagement & Voting Solutions Pty Ltd (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

• [8] 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 18 November 2025. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [9] An Order has been separately issued in PR793415.

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