s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union

Queensland Rail Transit Authority T/A Queensland Rail

Proposed protected action ballot of employees of Queensland Rail Transit Authority trading as Queensland Rail - non-AEC ballot agent electronic voting

[1] This is an application by the Construction, Forestry and Maritime Employees Union (CFMEU 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 Queensland Rail Transit Authority (Queensland Rail or Employer).

[2] On 13 March 2026, the Commission was advised that the Employer did not object to the Application if the notice period for the taking of industrial action was amended. The CFMEU, in effect, accepted that there were relevant exceptional circumstances and consented to the amended notice period.

• [3] I note that this application has been lodged in the context of a number of protected action ballot order applications made in relation to the same employer. So far, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)[1], the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[2], the Australian Rail, Tram and Bus Industry Union (RTBU)[3] and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA)[4] have each made multiple other applications for protected action ballot orders in relation to the same employer, concerning different enterprise agreements. The employees to be balloted in this matter have been covered by the Queensland Rail Network Enterprise Agreement 2023.[5]

[4] In the circumstances, I have decided to amend the application to reflect the consent position and to determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the declaration of Paul Dunbar, Industrial Relations Coordinator, setting out the steps taken by the CFMEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Queensland Rail, 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 TrueVote Pty Ltd (True Vote). True Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and 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 27 March 2026.[6] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[8] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The minimum extended notice period of five (5) calendar days applies to the items listed within Clause 5 of the Order. Given the operation of s.414(2)(a) of the Act, that notice period must always be at least three (3) working days.

[9] An Order has been separately issued in PR797629.

[10] 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.

[6] 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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