s.437 - Application for a protected action ballot order

The Office of the Commissioner for Public Employment, Northern Territory Government

Proposed protected action ballot of employees of The Office of the Commissioner for Public Employment, Northern Territory Government - 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 The Office of the Commissioner for Public Employment, Northern Territory Government (OCPE or Employer). I observe that the entity of the Employer in this matter has been amended to reflect the confirmed position of both parties on that issue.

• [2] On 1 October 2025, the Respondent advised that it did not object to the application subject to confirmation of there being an extended notice period of seven (7) working days in relation to the proposed forms of industrial action. The UWU, in effect, accepted that there were the relevant exceptional circumstances and agreed to that amendment.

• [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 Erina Early, Secretary, 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 OCPE, 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 (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 20 October 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 seven (7) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from the ballot questions in clause 5 of the Order.

• [8] An Order has been separately issued in PR792284.

• [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, 14 calendar days from the anticipated commencement of the ballot and was the period sought in the application.

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