Australian Municipal, Administrative, Clerical and Services Union v Central Goldfields Shire Council Summary

[2025] FWC 2577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union
v

Central Goldfields Shire Council

(B2025/1364)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 SEPTEMBER 2025

Proposed protected action ballot of employees of Central Goldfields Shire Council

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 Central Goldfields Shire Council (Central Goldfields Shire or Employer). I observe that the original application cited an additional respondent[1] that is also subject to the same single interest employer authorisation[2] that covers Central Goldfields Shire. The ASU subsequently advised that it sought to have the order made only against the Employer.

On 1 September 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Zoe Edwards, Deputy Branch Secretary, 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 Central Goldfields Shire, 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.

The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 September 2025.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR791294.

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

[1] Ararat Rural Shire Council.

[2] In matter B2024/840.

[3] This is, in effect, 14 calendar days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged an application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning specific employees of the Central Goldfields Shire Council. The application was made in relation to a proposed enterprise agreement. Initially, the application named an additional respondent, Ararat Rural Shire Council, which is covered by the same single interest employer authorisation as the Central Goldfields Shire Council. Subsequently, the ASU clarified that it wished to proceed with the application only against the Central Goldfields Shire Council. The Council did not object to the application, and the matter proceeded without a hearing.

The key legal issue for the Fair Work Commission was whether the ASU had met the requirements for a protected action ballot order under section 443 of the Fair Work Act. This involved verifying that the union had genuinely attempted to reach an agreement with the employer, that the proposed agreement was notified, and that all procedural requirements were satisfied. The Deputy President was satisfied with the evidence provided, including a declaration from the ASU's Deputy Branch Secretary, Zoe Edwards, which outlined the union's bargaining efforts.

The Deputy President granted the application, concluding that all conditions for a protected action ballot order had been met. The ballot would be conducted by Fair Vote Services Pty Ltd, an approved agent under section 468A of the Act. The voting period was set to close on 16 September 2025. Additionally, a separate order was issued to mandate a compulsory conciliation conference under section 448A of the Act. This conference would require the attendance of all bargaining representatives, with directions potentially issued to ensure meaningful negotiations.

The final orders included the grant of the protected action ballot order, the determination of the ballot closing date, and the scheduling of a compulsory conciliation conference. These orders aimed to facilitate the resolution of the bargaining dispute while allowing the union to proceed with the ballot if negotiations failed.

Australian Municipal, Administrative, Clerical and Services Union v Central Goldfields Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established