1 Fair Work Act 2009 s.437—Protected action Australian Municipal, Administrative, Clerical and Services Union v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (B2026/733) DEPUTY PRESIDENT WRIGHT SYDNEY, 26 JUNE 2026 Proposed protected action ballot of employees of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union – non-AEC ballot electronic voting [1] This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU or Employer). [2] On 26 June 2026, 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 Corey Rabaut, National Industrial Officer, setting out the steps taken by the ASU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with AMWU, 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 TrueVote Pty Ltd (True Vote). True Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and 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 10 July 2026.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] An Order has been separately issued in PR811440. [2026] FWC 2395 DECISION [2026] FWC 2395 2 [8] This matter will soon be listed for the s.448A compulsory conciliation conference. The Commission will issue an Order requiring the attendance of all bargaining representatives for 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. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR811441> 1 This is, in effect, 10 working days from the making of the Order and was the period sought in the application.