Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Ridley AgriProducts 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 Ridley AgriProducts Pty Ltd (Ridley or Employer). The Commission understands that the parties are bargaining for an enterprise agreement to replace the Ridley AgriProducts & United Workers Union - Bendigo Wellsford - Enterprise Agreement 2022.

• [2] On 25 August 2025, Ridley advised that it did not object to the application subject to there being an extended minimum notice period in relation to the proposed forms of industrial action in questions one (1) and three (3) of clause 5 of the order. The parties ultimately agreed, in effect, that there were relevant circumstances and that an extended notice period of five working days in relation to the proposed forms of industrial action was appropriate.

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

• [4] On the basis of the material before me, including the declaration of David Bish, 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 Ridley, 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 8 September 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [7] Pursuant to s.443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the period of written notice referred to in s.414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from question one (1) and three (3) in clause 5 of the Order.

• [8] An Order has been separately issued in PR791025.

• [9] 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, 10 working days from the making of the Order.

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