s 437 - Protected action

St John Ambulance Western Australia Ltd T/A St John Ambulance

Proposed protected action ballot of employees of St John Ambulance Western Australia Limited.

• [1] This decision concerns the United Workers' Union's application under s 437 of the Fair Work Act 2009 (Cth) for a protected action ballot order in relation to certain employees of St John Ambulance Western Australia Limited.

• [2] The Application was made on Tuesday 25 March 2025. St John objected to questions in the proposed ballot. I conducted a conference with the parties on Wednesday 26 March 2025. As a result of the conference, the parties reached a consensus position on amendments to the Draft Order and St John withdrew its objections to the application.

• [3] The UWU provided the declaration of Ms Rebecca Thompson, Organiser, which set out the history of bargaining to date. It is not in contest - and I find - that there is a notification time in relation to the proposed agreement and that all the requirements in s 443(1) of the Act have been met.

• [4] UWU provided evidence from Ms Rebecca Thompson, Organiser for the UWU. Her evidence outlines the history of bargaining to date. It is not in contest - and I find - that there is a notification time in relation to the proposed agreement and that all 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 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) and s 448A(2) of the Act, I have determined that the date by which voting is to close is Friday 11 April 2025.

• [7] An Order has been separately issued in PR785573.

• [8] Upon issuing a protected action ballot order the Commission is required by s 448A of the Act to also make an order directing the bargaining representatives to attend a conference for the purpose of mediation or conciliation in relation to the proposed agreement. An order and directions will accordingly be issued from my Chambers requiring that the parties attend a conference.

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