s.437 - Protected action

Proposed protected action ballot of employees of The Star Entertainment Qld Limited

• [1] The United Workers' Union (UWU) has made an application to the Fair Work Commission (the Commission) under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order (PABO) in relation to certain employees of The Star Entertainment Qld Limited (the Respondent).

• [2] A related application also been made in relation to employees of the Respondent by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

• [3] On 11 June 2025, the Respondent advised that it objected to the application on various grounds and further, sought a period of greater than three working days of notice pursuant to s.414(2) of the Act.

• [4] Directions were issued to the parties on 11 June 2025 to file submissions and witness statements on 12 June 2025, with a hearing to be conducted at 4:00pm on 12 June 2025. The Respondent largely failed to comply with the directions, other than to copy the Commission into correspondence sent to the UWU.

• [5] At the hearing of the matter, the Respondent withdrew its objections to the application. No evidence was offered in respect of why the notice period should be longer than three working days. Accordingly, the Commission is not satisfied that there are exceptional circumstances justifying the period of written notice being longer than three working days.

• [6] On the basis of the material before me, including the statutory declaration of Mr Chirstopher Barnes, UWU Organiser setting out the steps taken by the UWU in bargaining with the Respondent and confirming that the UWU has been, and is, genuinely trying to reach agreement with the Respondent, 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.

• [7] I am satisfied that the UWU has given notice in accordance with s.440 of the Act.

• [8] For the purposes of s.443(c) of the Act, the Commission has determined that the date by which voting is to close in the ballot is 26 June 2025. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [9] 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 consequently authorised to conduct the ballot.[1] The scheme of the Act is now that where named in the PABO application and proposed orders, the Commission will, subject to the Act, be obliged to, in effect, appoint that eligible protected action ballot agent to conduct the ballot concerned.

• [10] The Order [PR788157] will be issued concurrently with this Decision.

• [11] This matter will be listed for a s.448A conference. An Order and Directions will be issued shortly requiring attendance at the conference.

[1] Fair Vote Services Pty Ltd [2024] FWC 1775.

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