"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Operations and Maintenance Pty Ltd [2026] FWC 1951

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 Operations and Maintenance Pty Ltd (B2026/578) DEPUTY PRESIDENT HAMPTON ADELAIDE, 28 MAY 2026 Proposed protected action ballot of employees of UGL Operations and Maintenance 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 (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 UGL Operations and Maintenance Pty Ltd (UGL or Employer). [2] On 27 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 in relation to the details to be provided to the Ballot Agent and inconsistencies with the amended ballot period. The parties through private discussion reached a consent position in relation to both these matters and a revised order was provided. [3] In the circumstances, I have granted leave to amend 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 Jayde Rowlands, 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 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. [5] The ballot is to be conducted by Democratic Outcomes Pty Ltd T/A CiVS (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. [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 12 June 2026.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [2026] FWC 1951 DECISION -- 1 of 2 -- [2026] FWC 1951 2 [7] An Order has been separately issued in PR810462. [8] 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 <PR810461> 1 This is, in effect, 10 working days from the making of the Order and was the date sought in the amended application. -- 2 of 2 --