Australian Workers' Union v Legeneering (Aust) Pty Ltd Summary

[2025] FWC 2371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Legeneering (Aust) Pty Ltd

(B2025/1281)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 AUGUST 2025

Proposed protected action ballot of employees of Legeneering (Aust) Pty Ltd

This is an application by the Australian Workers’ Union (AWU 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 Legeneering (Aust) Pty Ltd (Legeneering or Employer).

On 13 August 2025, the Commission was advised that the Employer did not object to the Application. I observe that the application has been amended by the Commission to cite the correct employer.

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

On the basis of the material before me, including the declaration of Lawrence Duff, Offshore Alliance Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Legeneering, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 27 August 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 PR790656.

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, 10 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 Workers’ Union (AWU) has applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Legeneering (Aust) Pty Ltd. The application pertains to a proposed industrial action ballot. The employer did not object to the application. The application has been amended by the Commission to correctly identify the employer. The matter was decided on the papers without a hearing. The Commission is satisfied that the AWU has genuinely attempted to reach an agreement with the employer, and all requirements under section 443(1) of the Act have been met.

The legal issues before the Commission include whether the application for a ballot order meets the criteria under section 437 of the Act, and whether the notification time for the proposed agreement has been appropriately set. The Commission also had to determine if the requirements under section 443(1) have been satisfied, and if the ballot agent, Democratic Outcomes Pty Ltd (CiVS), was appropriately authorised to conduct the ballot under section 468A of the Act. Finally, the Commission needed to set a closing date for the voting period under section 443(3)(c).

The Deputy President Hampton concluded that the AWU had fulfilled all necessary conditions for the ballot order. The notification period for the proposed agreement was deemed appropriate. The Commission determined that the date for closing the voting was set for 27 August 2025, effectively establishing the ballot period. The ballot agent, CiVS, was approved and authorised to conduct the ballot. An Order was separately issued in PR790656. The matter was to be assigned to another Member of the Commission to conduct the compulsory conciliation conference under section 448A. The Member was to issue an Order requiring the attendance of all bargaining representatives at the conference, with potential Directions to ensure meaningful negotiations.

This decision concludes with the Commission determining the necessary ballot period and assigning the compulsory conciliation conference to another Member of the Commission. The final orders will ensure the ballot process proceeds as required by law, with the conference aimed at facilitating meaningful negotiations between the parties.

Australian Workers' Union v Legeneering (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established