United Workers' Union v Lumus Imaging (Queensland) Pty Ltd

[2025] FWC 2413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Lumus Imaging (Queensland) Pty Ltd

(B2025/1301)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 AUGUST 2025

Proposed protected action ballot of employees of Lumus Imaging (Queensland) Pty Ltd

This is an application by the United Workers’ Union (UWU 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 Lumus Imaging (Queensland) Pty Ltd (Lumus Imaging or Employer).

I note that Nathanael Timothy Bishop[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement and that this has been granted.

On 18 August 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

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 James McCall, Organiser, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Lumus Imaging, 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 1 September 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR790782.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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] B2025/1278.

[2] 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 United Workers' Union (UWU) filed an application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Lumus Imaging (Queensland) Pty Ltd. This application was made in relation to a proposed enterprise agreement. The Union argued that the necessary conditions for a ballot had been met and sought an order to facilitate the ballot process. Lumus Imaging did not object to the application, and the matter was decided by the Fair Work Commission without a hearing.

The central legal issues before the Commission were whether the UWU had genuinely tried to reach agreement with Lumus Imaging and if all the requirements under section 443(1) of the Act were satisfied. The UWU submitted a declaration from James McCall, their Organiser, outlining the bargaining process and their efforts to reach an agreement. The Commission needed to determine if the UWU had taken genuine steps to negotiate and if the notification time for the proposed agreement was appropriate.

In reaching its decision, the Commission reviewed the documentation provided, particularly the declaration from the UWU’s Organiser. The Deputy President was satisfied that the UWU had genuinely attempted to reach an agreement and that all legal requirements had been met. Consequently, the Commission issued an order permitting the ballot to proceed. The ballot was to be conducted by Fair Vote Services Pty Ltd, which had been approved as a ballot agent under the Act. The closing date for voting was set as 1 September 2025, which was 10 working days from the date of the order.

This decision facilitated the process for the employees of Lumus Imaging to participate in a ballot regarding the proposed enterprise agreement. The Commission also noted that the matter would be assigned to another member for a compulsory conciliation conference to ensure meaningful negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established