United Workers' Union v Sydney Aquarium Company Pty Ltd T/A Sea Life Sydney Aquarium, Wild Life Sydney, Sydney Tower Eye and Madame Tussauds

[2025] FWC 2937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v
Sydney Aquarium Company Pty Ltd T/A Sea Life Sydney Aquarium, Wild Life Sydney, Sydney Tower Eye and Madame Tussauds; Melbourne Underwater World Pty Ltd T/A Sea Life Melbourne Aquarium; Underwater World Sunshine Coast Pty Ltd T/A Sea Life Sunshine Coast; Legoland Discovery Centre Melbourne Pty Ltd

(B2025/1533)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 2 OCTOBER 2025

Proposed protected action ballot of employees of Sydney Aquarium Company Pty Ltd T/A Sea Life Sydney Aquarium, Wild Life Sydney, Sydney Tower Eye and Madame Tussauds; Melbourne Underwater World Pty Ltd T/A Sea Life Melbourne Aquarium; Underwater World Sunshine Coast Pty Ltd T/A Sea Life Sunshine Coast; Legoland Discovery Centre Melbourne Pty Ltd – non-AEC ballot agent electronic voting

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 Sydney Aquarium Company Pty Ltd trading as Sea Life Sydney Aquarium, Wild Life Sydney, Sydney Tower Eye and Madame Tussauds; Melbourne Underwater World Pty Ltd trading as Sea Life Melbourne Aquarium; Underwater World Sunshine Coast Pty Ltd trading as Sea Life Sunshine Coast; Legoland Discovery Centre Melbourne Pty Ltd (collectively, Merlin Entertainments or Employers).

On 1 October 2025, the Commission was advised that the Employers, 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 Hanna Bushell, Organiser, setting out the steps taken by the UWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with Merlin Entertainments, 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 17 October 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 PR792309.

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 United Workers' Union (UWU) applied to the Fair Work Commission for a ballot order for a proposed protected action involving employees of several Merlin Entertainments entities. The application was made under section 437 of the Fair Work Act 2009, and the employers, including Sydney Aquarium Company Pty Ltd and others, did not object to the application. The Commission determined that it was appropriate to decide the matter based on the documents submitted, without a hearing. The Commission was satisfied that the UWU had genuinely attempted to reach an agreement and that all the requirements under section 443(1) of the Act were met.

The key legal issues involved confirming whether the UWU had complied with the procedural requirements set out in the Fair Work Act for conducting a protected action ballot. Specifically, the Commission had to verify if the notification period for the proposed agreement was correctly established and if all necessary steps were taken as per section 443(1) of the Act. Additionally, the Commission needed to ensure that the ballot agent, Fair Vote Services Pty Ltd, was eligible and authorised under section 468A of the Act to conduct the ballot. The determination of the closing date for voting, set for 17 October 2025, was also a critical issue to resolve.

The Deputy President of the Commission concluded that all conditions for the ballot order were met. The UWU had fulfilled its obligations in bargaining with the employers and the ballot agent was duly approved. The closing date for voting was set at 17 October 2025, effectively 10 working days from the issuance of the order, as requested. The Commission further directed that a compulsory conciliation conference be held, with another member of the Commission assigned to manage the conference and issue necessary orders for the parties to attend and negotiate meaningfully.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established