1 Fair Work Act 2009 s.437 - Application for a protected action ballot order "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union v Aspen Pharma Pty Ltd (B2026/238) DEPUTY PRESIDENT HAMPTON ADELAIDE, 16 MARCH 2026 Proposed protected action ballot of employees of Aspen Pharma Pty Ltd – AEC ballot [1] This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU 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 Aspen Pharma Pty Ltd (Aspen or Employer). [2] On 16 March 2026, the Commission was advised that the Employer did not object to the Application. However, Aspen sought to clarify aspects of the bargaining process stated in the AMWU application. [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 Stephen Fodrocy, Industrial Officer, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Aspen, 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 the Australian Electoral Commission (AEC). [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 29 April 2026.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] An Order has been separately issued in PR797656. [2026] FWC 845 DECISION [2026] FWC 845 2 [8] 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. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR797655> 1 This is, in effect, 30 working days from the making of the Order and is the minimum period required by the AEC.