"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Resources (Contracting) Pty Ltd [2026] FWC 1561

1 Fair Work Act 2009 s.437 - Application for a protected action ballot order "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Resources (Contracting) Pty Ltd (B2026/469) COMMISSIONER LIM PERTH, 30 APRIL 2026 Proposed protected action ballot of employees of UGL Resources (Contracting) Pty Ltd – non-AEC ballot agent electronic voting [1] This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union made under s 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of UGL Resources (Contracting) Pty Ltd. [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Workers’ Union1 have made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement. [3] On 28 April 2026, UGL advised the Commission that it objected to the application. I conducted a conference with the parties on 29 April 2026. The parties reached agreement on revised wording in the proposed protected action ballot order and in relation to an extended period of notice for the taking of industrial action. [4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [5] On the basis of the material before me, including the declaration of Glenn McLaren, WA Branch Assistant State Secretary, setting out the steps taken by the AMWU in bargaining with UGL and that it has been, and is, genuinely trying to reach agreement with UGL, 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. [6] 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. [2026] FWC 1561 DECISION -- 1 of 2 -- [2026] FWC 1561 2 [7] 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 Friday 8 May 2026.2 This also establishes the ballot period for the purpose of s 448A(2) of the Act. [8] Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying an extended period of written notice for the purposes of s 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of any proposed industrial action taken by employees pursuant to clause 5 of the Order. [9] An Order has been separately issued in PR799598. [10] Upon issuing a protected action ballot order the Commission must also make an order directing the bargaining representatives to attend a conference for the purpose of mediation or conciliation in relation to the proposed agreement under s 448A of the Act. An order and directions will accordingly be issued from my Chambers requiring that the parties attend a conference. COMMISSIONER Hearing details: Determined on the papers. Printed by authority of the Commonwealth Government Printer <PR799596> 1 B2026/467 and B2026/470 respectively. 2 This is, in effect, 7 working days from the making of the Order and was the date sought in the application. -- 2 of 2 --