1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Sugar Limited (B2024/154) DEPUTY PRESIDENT DOBSON BRISBANE, 27 FEBRUARY 2024 Proposed protected action ballot of employees of Queensland Sugar Limited - s.437 [1] An application pursuant to s.437 of the Fair Work Act 2009 (the Act) has been filed by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant/ETU) for protected action ballot orders in relation to certain employees of Queensland Sugar Limited (Respondent). [2] The application was originally objected to by the Respondent. Following consultation with the Applicant, the Applicant provided an amended application to which the Respondent advised they no longer objected. [3] The Applicant agreed to provide the following undertaking to the Respondent which was accepted: “The ETU undertakes to ensure that in an emergency situation where there is a risk to personal health and safety and where no other workers are available, ETU Members will be available to perform work. ETU Members will not engage in industrial action that would endanger the life, personal safety, health or welfare of the population or part thereof.” [4] In these circumstances, I have decided to determine the matter on the papers without holding a hearing. [5] On the basis of the material before me, including the declaration of Mr Liam Sharkey of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met. [6] The ballot is to be conducted by 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 [2024] FWC 528 DECISION [2024] FWC 528 2 consequently is authorised to conduct the ballot. 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 fourteen (14) working days after the Commencement Date. This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] Therefore, I appoint CiVS as the protected action ballot agent. [8] An order has been separately issued in PR771887. [9] This matter will 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. 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 <PR771886> 1 [2023] FWC 1400.