Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot by employees of MSS Security

• [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 MSS Security Pty Ltd (MSS or Employer).

• [2] On 16 July 2025, the Commission was advised that the Employer did not object to the Application. I observe that MSS, also constructively confirmed its commitment to further engage in the bargaining process with the UWU with a view to resolving the outstanding matters.

• [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 Nicholas Richardson, Trade Union Official, 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 MSS, 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 the Australian Electoral Commission.

• [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 28 August 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 PR789705.

• [8] 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.

[1] This is, in effect, 30 working days from the making of the Order and was the period sought in the application.

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