"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v RACQ Operations Pty Ltd T/A RACQ [2026] FWC 1816

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 RACQ Operations Pty Ltd T/A RACQ (B2026/547) DEPUTY PRESIDENT HAMPTON ADELAIDE, 19 MAY 2026 Proposed protected action ballot of employees of RACQ Operations Pty Ltd trading as RACQ – 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 (AMWU 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 RACQ Operations Pty Ltd trading as RACQ (RACQ or Employer). [2] On 19 May 2026, the Commission was advised that the Employer did not object to the Application as amended. I observe the Employer initially raised concerns as to the scope of the order proposed and sought an extended notice period for industrial action. The AMWU informed the Commission that following discussions between the parties they had reached a consent position on these matters, and I infer, the acceptance of relevant exceptional circumstances for the purpose of the extended notice period. [3] In the circumstances, I have amended the application to reflect the consent position and decided to determine the matter on the papers without holding a hearing. [4] On the basis of the material before me, including the declaration of Gary Robert Strauss, Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with RACQ, 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. [5] 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. [2026] FWC 1816 DECISION -- 1 of 2 -- [2026] FWC 1816 2 [6] 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 2 June 2026.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of seven (7) calendar days applies to the items listed within Clause 5 of the Order. [8] An Order has been separately issued in PR810161. [9] 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 Printed by authority of the Commonwealth Government Printer <PR810160> 1 This is, in effect, 10 working days from the making of the Order and was the date sought in the application. -- 2 of 2 --