s.437 - Application for a protected action ballot order

The Office of the Commissioner for Public Employment, Northern Territory Government

Proposed protected action ballot of employees of The Office of the Commissioner for Public Employment, Northern Territory Government

• [1] This is an application by the United Workers' Union (UWU 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 The Office of the Commissioner for Public Employment, Northern Territory Government (OCPE or Employer).

• [2] I note that the Association of Professional Engineers, Scientists and Managers, Australia (APESMA)[1], the Community and Public Sector Union (CPSU)[2],the Health Services Union (HSU),[3] and the United Workers' Union (UWU)[4] have each made separate applications for protected action ballot orders previously in relation to the same proposed agreement.

• [3] On 14 October 2025, OCPE requested an extended minimum notice period of seven (7) working days in relation to all of the proposed forms of industrial action for employees covered by Schedules 3 and 4 of the Northern Territory Public Sector 2021-2025 Enterprise Agreement (the previous Agreement). The UWU then proposed an extended minimum notice period of five (5) working days, to which the Employer agreed.

• [4] In the circumstances, I have decided to grant leave to amend the Application and determine the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declaration of Erina Early, Secretary, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with OCPE, 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 4 November 2025.[5] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of five (5) working days applies to the items listed within Clause five (5) of the Order for employees covered by Schedules 3 and 4 of the previous agreement.

• [9] An Order has been separately issued in PR792689.

• [10] 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.

[5] This is, in effect, 14 calendar days from the anticipated commencement of the ballot and was the period sought in the application.

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