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 Babcock Critical Mission Services Australasia Pty Ltd (B2026/600) DEPUTY PRESIDENT HAMPTON ADELAIDE, 3 JUNE 2026 Proposed protected action ballot of employees of Babcock Critical Mission Services Australasia Pty Ltd – non-AEC ballot electronic voting [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 Babcock Critical Mission Services Australasia Pty Ltd (Babcock or Employer). [2] On 2 June 2026, the Respondent advised that it did not object to the application subject to clarification or amendments to questions 11, 12, 20 and 23, and confirmation of there being an extended notice period of seven (7) working days in relation to the proposed forms of industrial action. The AMWU clarified questions 11, 12 and 23 and made an amendment to question 20. The AMWU also in effect, accepted that there were the relevant exceptional circumstances and proposed an extended notice period of five (5) working days. Babcock agreed to those amendments. [3] In the circumstances, I have decided to grant leave to amend the application to reflect the agreed position and determine the matter on the papers without holding a hearing. [4] On the basis of the material before me, including the declaration of Luke Souvatzis, Organiser, 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 Babcock, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot. [2026] FWC 2045 DECISION [2026] FWC 2045 2 [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 16 July 2026.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the period of written notice referred to in section 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from the ballot questions in clause 5 of the Order. [8] Minor adjustments have been made to the draft order to remove duplication in terms. [9] An Order has been separately issued in PR810659. [10] 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 <PR810663> 1 This is, in effect, 30 working days from the making of the Order and was the period sought in the application.