1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Association Of Professional Engineers, Scientists And Managers Australia v NSW Electricity Network Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust T/A Transgrid (B2024/64) VICE PRESIDENT CATANZARITI SYDNEY, 30 JANUARY 2024 Proposed protected action ballot of employees of NSW Electricity Network Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust T/A Transgrid [1] This is an application by the Association Of Professional Engineers, Scientists And Managers Australia (APESMA 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 NSW Electricity Network Operations Pty Limited As Trustee For NSW Electricity Networks Operations Trust T/A Transgrid (Transgrid or Employer). [2] On 30 January 2024, the Commission was advised that the Employer did not object to the Application. [3] On the basis of the material before me, including the declaration of Kathleen Studdert, Director ACT/AGG and Lead NSW Electrical Industry, setting out the steps taken by the Applicant in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with them, 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. [4] 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. [5] 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 13 February 2024.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [6] An Order has been separately issued in PR770751. [2024] FWC 242 DECISION [2024] FWC 242 2 [7] This matter will shortly be assigned to another member of the Commission for the purposes of conducting a s.448A compulsory conciliation conference. That Member will issue an Order 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 <PR770749> 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400. 2 This is in effect 10 working days from the date of the order, as sought in the application.