"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Monadelphous Engineering Associates Pty Ltd [2026] FWC 2463

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 Monadelphous Engineering Associates Pty Ltd (B2026/759) DEPUTY PRESIDENT HAMPTON ADELAIDE, 1 JULY 2026 Proposed protected action ballot of employees of Monadelphous Engineering Associates 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 Monadelphous Engineering Associates Pty Ltd (Monadelphous or Employer). [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Workers' Union (AWU) have made separate applications for protected action ballot orders in relation to the same proposed enterprise agreement.1 [3] On 30 June 2026, the Commission was advised that the Employer did not object to the application if amended to reflect an agreed position on the notice to be provided by the AMWU for the taking of industrial action. I observe that the parties have, in effect, agreed to the existence of relevant exceptional circumstances and to an extended period of notice. [4] In the circumstances, I have decided to grant leave to amend the application to reflect the agreed position and 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 Monadelphous, 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. 1 B2026/749 and B2026/758, respectively. [2026] FWC 2463 DECISION -- 1 of 2 -- [2026] FWC 2463 2 [6] 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. [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 15 July 2026.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] 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 five (5) working days applies to the items listed within Clause 5 of the Order. [9] An Order has been separately issued in PR811592. [10] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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 <PR811593> 2 This is, in effect, 10 working days from the making of the Order and was the period sought in the application. -- 2 of 2 --