Australian Workers' Union v The Australian Steel Company (Operations) Pty Ltd

[2025] FWC 3178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

The Australian Steel Company (Operations) Pty Ltd

(B2025/1615)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 23 OCTOBER 2025

Proposed protected action ballot of employees of The Australian Steel Company (Operations) 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 The Australian Steel Company (Operations) Pty Ltd (Australian Steel Company or Employer).

On 22 October 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 James Downie, 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 Australian Steel Company, 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 6 November 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 PR792941.

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, 7 working days from the commencement date of the ballot.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) filed an application under section 437 of the Fair Work Act 2009, seeking a protected action ballot order concerning certain employees of The Australian Steel Company (Operations) Pty Ltd. The application was made to the Fair Work Commission, with Deputy President Wright presiding over the matter in Sydney on 23 October 2025. The employer, The Australian Steel Company, did not object to the application, leading the Commission to grant leave to amend the application and decide the matter based on the submitted documents without a hearing.

The central legal issue before the court was whether the AWU had met all the statutory requirements to conduct a protected action ballot, specifically under section 443(1) of the Fair Work Act. This involved assessing the union's efforts to reach an agreement with the employer and the validity of the proposed agreement's notification period. The court considered the declaration of James Downie, the union's Organiser, which outlined the bargaining process and the union's genuine efforts to negotiate with the employer. Additionally, the court verified that the ballot would be conducted by Fair Vote Services Pty Ltd, an approved agent under section 468A of the Act.

Upon reviewing the evidence, Deputy President Wright concluded that all conditions under section 443(1) of the Act were satisfied, including the notification period for the proposed agreement. The court determined that the ballot would close on 6 November 2025, which also sets the ballot period under section 448A(2) of the Act. An order was issued separately to ensure that a compulsory conciliation conference would take place, with all bargaining representatives required to attend and engage in meaningful negotiations. This decision aims to facilitate a resolution and potentially avert the need for protected industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established