Fair Work Act 2009

s.437 - Application for a protected action ballot order

Sydney Aquarium Company Pty Ltd T/A Sea Life Sydney Aquarium, Wild Life Sydney, Sydney Tower Eye and Madame Tussauds; Melbourne Underwater World Pty Ltd T/A Sea Life Melbourne Aquarium; Underwater World Sunshine Coast Pty Ltd T/A Sea Life Sunshine Coast; Legoland Discovery Centre Melbourne Pty Ltd

Proposed protected action ballot of employees of Sydney Aquarium Company Pty Ltd T/A Sea Life Sydney Aquarium, Wild Life Sydney, Sydney Tower Eye and Madame Tussauds; Melbourne Underwater World Pty Ltd T/A Sea Life Melbourne Aquarium; Underwater World Sunshine Coast Pty Ltd T/A Sea Life Sunshine Coast; Legoland Discovery Centre Melbourne Pty Ltd - non-AEC ballot agent 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 Sydney Aquarium Company Pty Ltd trading as Sea Life Sydney Aquarium, Wild Life Sydney, Sydney Tower Eye and Madame Tussauds; Melbourne Underwater World Pty Ltd trading as Sea Life Melbourne Aquarium; Underwater World Sunshine Coast Pty Ltd trading as Sea Life Sunshine Coast; Legoland Discovery Centre Melbourne Pty Ltd (collectively, Merlin Entertainments or Employers).

• [2] On 1 October 2025, the Commission was advised that the Employers, in effect, did not object to the Application.

• [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 Hanna Bushell, Organiser, setting out the steps taken by the UWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with Merlin Entertainments, 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 17 October 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 PR792309.

• [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, 10 working days from the making of the Order and was the period sought in the application.

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