s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of IKEA Distribution Services Australia Pty Ltd

• [1] This is an application by the United Workers' Union (UWU) made under section 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of IKEA Distribution Services Australia Pty Ltd (IKEA).

• [2] On 8 October 2025, the Commission was advised that IKEA objected to a number of aspects of the UWU's application. IKEA's objections related to the questions to be put to the employees, the length of the ballot period and the ballot agent who would conduct the ballot. In subsequent correspondence between the parties and the Commission, the UWU informed the Commission of changes that it sought to make to the questions to be put to employees and IKEA informed the Commission that it withdrew its objections.

• [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

• [4] On the basis of the material before me, including the declaration of Alex Suhle, Organiser, setting out the steps taken by the UWU in bargaining with IKEA and that it has been, and is, genuinely trying to reach agreement with IKEA, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in section 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 section 468A of the Act and consequently is authorised to conduct the ballot.

• [6] In the application, the UWU sought that the ballot close on 21 October 2025, in effect eight working days from the date of the Order, on the basis that this is not inappropriate or impracticable because of the following:

(1) the ballot is to be conducted electronically and Fair Vote has indicated it can manage such a timeline;

(2) the UWU's members who will vote in the ballot are shift workers, some of whom work on weekends. The UWU's proposed ballot period takes this into account and provides weekend days for the employees to vote in the ballot; and

(3) the proposed ballot period should provide ample time for the conduct of the compulsory conciliation conference under section 448A of the Act, and the UWU is open to attending the conference online if suitable to the Commission.

• [7] In exercising the discretion in section 443(3A), the Commission may have regard to the requirements in relation to conducting conferences pursuant to section 448A.[1] I have had regard to these matters and the submissions of the UWU and have determined that for the purposes of section 443(3)(c) of the Act, the date by which voting is to close is 21 October 2025. This also establishes the ballot period for the purpose of section 448A(2) of the Act.

• [8] An Order has been separately issued in PR792501.

• [9] This matter will be assigned to another Member of the Commission to conduct the section 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.

[1] CEPU v Nilsen (NSW) Pty Ltd [2023] FWCFB 134, [66].

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