1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Rail, Tram and Bus Industry Union v Pacific National Services Pty Ltd (B2026/811) DEPUTY PRESIDENT HAMPTON ADELAIDE, 10 JULY 2026 Proposed protected action ballot of employees of Pacific National Services Pty Ltd – non- AEC ballot electronic voting [1] This is an application by the Australian Rail, Tram and Bus Industry Union (ARTBIU 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 Pacific National Services Pty Ltd (Pacific National or Employer). [2] On 9 July 2026, the Respondent advised that it did not object to the application subject to there being an extended minimum notice period of five (5) working days in relation to all of the proposed forms of industrial action. The ARTBIU consented to the extended notice period and in effect accepted there are exceptional circumstances. [3] In the circumstances, I have granted leave to amend the application to reflect the agreed extended notice period and determined the matter on the papers without holding a hearing. [4] On the basis of the material before me, including the declaration of Leanne Veronica Holmes, National Director of Organising, setting out the steps taken by the ARTBIU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Pacific National, 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. [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 23 July 2026.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. 1 This is, in effect, 9 working days from the making of the Order and was the specific date sought in the application. [2026] FWC 2621 DECISION [2026] FWC 2621 2 [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] An Order has been separately issued in PR811981. [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 <PR811980>