1 Fair Work Act 2009 s.437—Protected action Mining and Energy Union v BHP Iron Ore Pty Ltd (B2024/49) VICE PRESIDENT CATANZARITI SYDNEY, 23 JANUARY 2024 Proposed protected action ballot of employees of BHP Iron Ore Pty Ltd. [1] This is an application by the Mining and Energy Union (MEU 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 BHP Iron Ore Pty Ltd (BHP or Employer). [2] On 22 January 2024, the Commission was advised that the Employer did not object to the Application. [3] The Parties reached a consent position regarding the period of written notice referred to in s.414(2)(a) of the Act being longer than three working days for all the questions within the order. The Employer considered it appropriate for it to be provided with four working days’ notice for Questions 1 to 7, inclusive, as it would be in line with the decision of Deputy President Beaumont in Construction, Forestry, Maritime, Mining and Energy Union v BHP Iron Ore [2023] FWC 2573, which was in relation to the same bargaining and for a protected action ballot order application on similar terms. [4] Section 443(5) of the Act gives the Commission the discretion, where it is satisfied that there are exceptional circumstances justifying the period of written notice being longer than three days, to specify a longer period of up to seven working days’ notice. [5] In my view, specifying a longer period of notice of four working days for all the questions within the order is justified by the particular exceptional circumstances in this case, having regard to the similarity between this application and that cited by the Employer, which it was also a party to. [6] The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act1 and consequently is authorised to conduct the ballot. [2024] FWC 193 DECISION [2024] FWC 193 2 [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 31 January 2024.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] An Order has been separately issued in PR770572. [9] This matter will shortly be listed for a s.448A compulsory conciliation conference. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <PR770573> 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400. 2 This is in effect 5 working days from the date of the order, as sought in the application.