Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of CSBP Limited

• [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 CSBP Limited (CSBP).

• [2] I note that the Australian Manufacturing Workers' Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] has made a separate joint application for a protected action ballot order in relation to the same proposed enterprise agreement.

• [3] On 19 September 2025, the Fair Work Commission (FWC) was advised that CSBP, in effect, did not object to the Application.

• [4] In the circumstances, it is appropriate to determine the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declaration of Darren Roberts, Organiser, setting out the steps taken by the UWU in bargaining with CSBP and that it has been, and is, genuinely trying to reach agreement with CSBP, 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 FW 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 FW Act and consequently is authorised to conduct the ballot.

• [7] For the purposes of s.443(3)(c) of the FW Act, the FWC has determined that the date by which voting is to close is 6 October 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the FW Act.

• [8] An Order has been separately issued in PR791933.

• [9] This matter will be listed for an in person s.448A compulsory conciliation conference. A Notice of Listing will be issued to the parties requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. 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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