s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Crown Sydney Gaming Pty Ltd

• [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 Crown Sydney Gaming Pty Ltd T/A Crown Sydney (Crown or Employer).

• [2] The Employer had objected to the application in the form in which it was initially made and the matter was listed for hearing on 4 July 2025. However, at the commencement of the hearing the parties indicated a willingness to have further discussions about the disputed matters relevant to the application. Following those discussions the UWU confirmed that it wished to amend the orders sought in the application and the Employer confirmed that it does not object to the order being made in that amended form.

• [3] In the circumstances, I have decided to determine the matter on the papers.

• [4] On the basis of the material before me, including the declaration of Sajit Shakya, Lead Organiser, 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 Crown, 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 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.

• [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 16 July 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 PR788932.

• [8] This matter will be assigned to a 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.

Ms A van Gent of the United Workers' Union for the Applicant.

Mr C Power of Holding Redlich for the Respondent.

[1] This was the specific date sought in the application.

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