Australian Municipal, Administrative, Clerical and Services Union v Jemena Asset Management Pty Ltd Summary

[2025] FWC 2855

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

Jemena Asset Management Pty Ltd

(B2025/1496)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 25 SEPTEMBER 2025

Proposed protected action ballot of employees of Jemena Asset Management Pty Ltd – non-AEC ballot agent electronic voting

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 Jemena Asset Management Pty Ltd (Jemena or Employer).

On 24 September 2025, the Commission was advised that the Employer, in effect, did not object to the Application on the basis that a consent position was reached between the parties on the proposed forms of industrial action in clause 5 of the Order, and the ballot closure date. The ASU provided an amended draft order and f34 to reflect the above consent position.

In the circumstances, I have decided to amend the application to reflect the consent position reached and otherwise determined the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of David Nunns, Branch Organiser, 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 Jemena, 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 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR792085.

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] This is, in effect, 14 working 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) made an application to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Jemena Asset Management Pty Ltd. The ASU sought approval for a ballot to authorise industrial action, with the intention of using Fair Vote Services Pty Ltd, an approved ballot agent, to conduct the ballot electronically. Jemena did not object to the application, as the parties had reached a consent position regarding the industrial action and the ballot's closure date. Consequently, the Deputy President Wright amended the application to reflect this agreement and determined the matter based on the submitted documents without holding a hearing.

The primary legal issues before the Deputy President were whether the ASU had fulfilled the notification period and other requirements under section 443(1) of the Fair Work Act, and whether the proposed ballot agent, Fair Vote Services Pty Ltd, was authorised to conduct the ballot. Additionally, the Deputy President needed to determine an appropriate closing date for the ballot that complied with section 443(3)(c) of the Act. The Deputy President considered the declaration of David Nunns, Branch Organiser for the ASU, which detailed the union's efforts to reach an agreement with Jemena. The declaration indicated that the ASU had been genuinely attempting to negotiate and that a notification period was in effect, satisfying the requirements of the Act.

Based on the evidence, the Deputy President determined that the ASU had met all necessary requirements and granted the application for a protected action ballot order. The ballot is to be conducted by Fair Vote Services Pty Ltd, which is approved under section 468A of the Act. The Deputy President set the ballot's closing date as 16 October 2025, which aligns with the 14 working days from the issuance of the order. The matter will be referred to another member of the Commission for a compulsory conciliation conference, ensuring that the parties are prepared for meaningful negotiations.

The Fair Work Commission issued an Order to reflect the consent position and the determined ballot details. The ASU's application for a ballot order was approved, and the specified date for the closure of voting was set, ensuring the process adheres to the legislative requirements of the Fair Work Act.

Australian Municipal, Administrative, Clerical and Services Union v Jemena Asset Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established