1 Fair Work Act 2009 s.437 - Application for a protected action ballot order United Workers' Union v The Royal Society for the Prevention of Cruelty to Animals, New South Wales T/A RSPCA New South Wales (B2024/1582) DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 DECEMBER 2024 Proposed protected action ballot of employees of The Royal Society for the Prevention of Cruelty to Animals, New South Wales T/A RSPCA New South Wales [1] This is an application by the United Workers’ Union (UWU 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 The Royal Society for the Prevention of Cruelty to Animals, New South Wales trading as RSPCA New South Wales (RSPCA NSW or Employer). [2] On 3 December 2024, the Commission was advised that the Employer, in effect, did not object to the 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 Godfrey Moase, Director, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with RSPCA NSW, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot. [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 18 December 2024.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] One of the original ballot questions in Clause 5 was amended by the Applicant following concerns raised by the Commission. [2024] FWC 3364 DECISION [2024] FWC 3364 2 [8] An Order has been separately issued in PR781988. [9] 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 <PR781989> 1 This is, in effect, 10 working days from the making of the Order and is consistent with the period sought in the application.