1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Workers' Union v UGL Operations and Maintenance Pty Ltd (B2026/635) DEPUTY PRESIDENT WRIGHT SYDNEY, 16 JUNE 2026 Proposed protected action ballot of employees of UGL Operations and Maintenance Pty Ltd – non-AEC ballot agent electronic voting [1] This is an application by the Australian Workers' Union (AWU 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 UGL Operations and Maintenance Pty Ltd (UGL or Employer). [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)1 have made separate applications for protected action ballot orders in relation to the same proposed enterprise agreement. [3] On 15 June 2026, the Commission was advised that the Employer, in effect, did not object to the Application as it had reached a consent position with the AWU. The consent position included an extended period of written notice for the purposes of s.414(2)(b) of the Act and the provision of an undertaking by the AWU in relation to emergency events occurring during periods of protected industrial action. [4] In the 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 Jarred Payne, Union Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with UGL, 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. [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 Act and consequently is authorised to conduct the ballot. [2026] FWC 2226 DECISION [2026] FWC 2226 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 30 June 2026.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of 5 working days applies to the items listed within Clause five (5) of the Order. [9] An Order has been separately issued in PR811052. [10] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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 <PR811053> 1 B2026/633 and B2026/636, respectively. 2 This is, in effect, 10 working days from the making of the Order and was the period sought in the application.