s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Bechtel Construction (Australia) Pty Ltd - non-AEC ballot electronic voting

• [1] This is an application by the Australian Workers' Union (AWU 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 Bechtel Construction (Australia) Pty Ltd (Bechtel or Employer).

• [2] I note that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), Construction, Forestry and Maritime Employees Union (CFMEU)[1] and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[2] have each made a separate application for a protected action ballot order in relation to the same proposed agreement.

• [3] On 21 November 2025, the Respondent advised that it did not object to the application subject to confirmation of there being an extended notice period for the taking of any protected industrial action of five (5) working days in relation to the proposed form of industrial action. The AWU, in effect, accepted that there were the relevant exceptional circumstances and agreed to that amendment.

• [4] In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declaration of Ross Kumeroa, Offshore Alliance Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Bechtel, 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.

• [6] The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

• [7] 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 4 December 2025.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] 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 five (5) 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.

• [9] An Order has been separately issued in PR794033.

• [10] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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.

[3] This is, in effect, 5 working days from the anticipated commencement of the ballot and was the period sought in the application.

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