s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Sigma Healthcare Logistics Pty Limited - non-AEC ballot electronic voting

• [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 Sigma Healthcare Logistics Pty Limited (Sigma or Employer).[1]

[2] On 26 February 2026, the Commission was advised that the Employer did not object to the Application if amended to provide an extended period (7 working days) of notice of industrial action. The UWU, in effect, accepted that there were relevant exceptional circumstances and consented to this proposal.

[3] In the circumstances, I have decided to amend the application to reflect the consent position and determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Aaron Behmer, 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 Sigma, 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 is authorised to conduct the ballot.

[6] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The minimum extended notice period of 7 working days applies to all the forms of action listed within Clause 5 of the Order.

• [7] 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 13 March 2026.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[8] An Order has been separately issued in PR797215.

[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] The name of the Employer has been corrected following clarification by the parties.

[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer