Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Office of the Commissioner for Public Employment, Northern Territory Government (Northern Territory Correctional Service)

Proposed protected action ballot of employees of The Office of the Commissioner for Public Employment, Northern Territory Government (Northern Territory Correctional Service) - 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 The Office of the Commissioner for Public Employment, Northern Territory Government (Northern Territory Correctional Service) (OCPE or Employer).

[2] On 10 February 2026, the Respondent advised that it did not object to the application subject to confirmation of there being an extended notice period of six (6) working days in relation to ballot questions five, six, seven, eight and nine (5-9) of 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 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 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 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] 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 6 March 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the period of written notice referred to in section 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified six (6) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from the nominated ballot questions in clause 5 of the Order.

[8] An Order has been separately issued in PR796598.

[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, 21 days after the anticipated commencement date of the ballot, as sought in the application.

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