"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Downer EDI Rail Pty Ltd [2026] FWC 2565

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 Downer EDI Rail Pty Ltd (B2026/790) DEPUTY PRESIDENT HAMPTON ADELAIDE, 6 JULY 2026 Proposed protected action ballot of employees of Downer EDI Rail 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 Downer EDI Rail Pty Ltd (Downer EDI 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] On 6 July 2026, the Commission was advised that the Employer, in effect, did not object to the application. The Employer did raise concerns regarding the clarity of the nature and timing of the proposed industrial action but advised that it was content to consider its position at the time of notification of any such action and did not press the objection at this stage. [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 Chloe Simmons, Industrial Officer, 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 Downer EDI, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot. 1 B2026/789. [2026] FWC 2565 DECISION -- 1 of 2 -- [2026] FWC 2565 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 20 July 2026.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] An Order has been separately issued in PR811821. [9] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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 <PR811819> 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 --