Australian Municipal, Administrative, Clerical and Services Union v Zinfra Contracting Pty Ltd

[2025] FWC 504

[2025] FWC 504

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

Zinfra Contracting Pty Ltd

(B2025/267)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 20 FEBRUARY 2025

Proposed protected action ballot of employees of Zinfra Contracting 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 Zinfra Contracting Pty Ltd (Zinfra or Employer).

1. On 19 February 2025, the Commission was advised that the Employer did not object to the Application in an amended form following discussion between the parties. The parties communicated a consent position. Accordingly, I have granted leave to amend the application and determined the matter on the papers without conducting a hearing.

1. On the basis of the material before me, including the declaration of Jonathan Smallbone, 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 Zinfra, 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 the Australian Electoral Commission (AEC).

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

1. An Order has been separately issued in PR784552.

1. 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, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

<PR784553>