United Workers' Union v Powercor Australia Ltd Summary

[2025] FWC 1741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Powercor Australia Ltd

(B2025/955)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 JUNE 2025

Proposed protected action ballot of employees of Powercor Australia 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 Powercor Australia Ltd (Powercor or Employer).

I note that the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA)[1] have each made a separate application for a protected action ballot order in relation to the same proposed agreement.

On 19 June 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 to correct the ABN associated with the Respondent entity and determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Narelle Young, 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 Powercor. 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 4 July 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 PR788402.

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. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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, B2025/676 and B2025/907.

[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 seeking a protected action ballot order concerning certain employees of Powercor Australia Ltd (Powercor). The proposed ballot pertains to a dispute over a collective agreement, with the UWU asserting that it has been genuinely attempting to reach an agreement with Powercor. The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) have each submitted separate applications for protected action ballot orders regarding the same agreement.

The legal issues that the Fair Work Commission (FWC) needed to decide in this case involved whether the UWU had met the statutory requirements for a protected action ballot. This included confirming that the notification period had been met and that all the requirements of section 443(1) of the Fair Work Act 2009 were satisfied. The Commission also had to determine the closing date for the ballot as required by section 443(3)(c) of the Act. The FWC needed to ensure that the UWU's application complied with all legislative prerequisites and that the specified ballot agent, Fair Vote Services Pty. Ltd., was appropriately approved to conduct the ballot.

The FWC Deputy President Hampton concluded that the UWU had fulfilled all necessary conditions for a protected action ballot. The FWC was satisfied with the declaration by Narelle Young, an organiser of the UWU, detailing the union's bargaining efforts and its genuine attempts to reach an agreement with Powercor. The Commission determined that the notification period had been met and all requirements under section 443(1) of the Act were satisfied. Given that Powercor did not object to the application, the FWC decided to grant the application, correcting the ABN associated with the employer, and determined the matter without holding a hearing. The FWC also set 4 July 2025 as the closing date for voting in the ballot, which was the period sought by the UWU. This date also established the ballot period for the purpose of section 448A(2) of the Act. The matter was subsequently assigned to another FWC member for the compulsory conciliation conference, with additional directions to be issued to ensure that all parties were prepared for meaningful negotiations.

United Workers' Union v Powercor Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established