"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v BHP Iron Ore Pty Ltd, BHP WAIO Pty Ltd [2026] FWC 2061

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 BHP Iron Ore Pty Ltd, BHP WAIO Pty Ltd (B2026/581) DEPUTY PRESIDENT O'KEEFFE PERTH, 3 JUNE 2026 Proposed protected action ballot of employees of BHP Iron Ore Pty Ltd and BHP WAIO Pty Ltd – non-AEC ballot 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 BHP Iron Ore Pty Ltd and BHP WAIO Pty Ltd (BHP or Employer). [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)1 has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement. [3] The parties engaged in discussions to resolve areas of concern and were able to advise the Commission that the revised Order as provided the Applicant, which included a requirement for five days’ notice of the taking of action, was not opposed. [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 Joel Smith, Industrial 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 BHP, 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 is authorised to conduct the ballot. [2026] FWC 2061 DECISION -- 1 of 2 -- [2026] FWC 2061 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 11 June 2026. This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] An Order has been separately issued in PR810684. [9] This matter will now be programmed for a s.448A compulsory conciliation conference. An order will issue 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 Decided on the papers Printed by authority of the Commonwealth Government Printer <PR810683> 1 B2026/585. -- 2 of 2 --