Australian Municipal, Administrative, Clerical and Services Union v NRG Gladstone Operating Services Pty Ltd

[2025] FWC 31

[2025] FWC 31

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

NRG Gladstone Operating Services Pty Ltd

(B2025/4)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 6 JANUARY 2025

Proposed protected action ballot of employees of NRG Gladstone Operating Services Pty Ltd

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 NRG Gladstone Operating Services Pty Ltd (NRG or Employer).

1. I note that the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Mining and Energy Union (MEU)[1] have each made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 3 January 2025, the Commission was advised that the Employer, in effect, did not object to the Application, as amended following discussions between the parties.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Benjamin Ellis, Senior 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 NRG, 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.

1. 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.

1. 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 20 January 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended minimum period of written notice for the purposes of s.414(2)(b) of the Act when taking certain industrial action set out in the Order made by the Commission. The extended notice period of five (5) working days applies to certain items listed within Clause 14 of the Order. 

1. An Order has been separately issued in PR782998.

1. 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

[1] Respectively, B2025/1, B2025/2, B2025/3 and B2025/5.

[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

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