"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Innovative Asset Solutions Pty Ltd [2026] FWC 2585

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 Innovative Asset Solutions Pty Ltd (B2026/795) DEPUTY PRESIDENT HAMPTON ADELAIDE, 7 JULY 2026 Proposed protected action ballot of employees of Innovative Asset Solutions 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 Innovative Asset Solutions Pty Ltd (Innovative Asset Solutions 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 7 July 2026, the Commission was advised that the Employer did not object to the application as amended. The Commission understands there was discussions between the parties regarding the Employer’s concerns in relation to the extent of the personal identifying and contact information being provided for the purpose of conducting the ballot. The AMWU amended their application addressing the concerns raised. [4] In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing. [5] On the basis of the material before me, including the declaration of Simon Rushworth, Lead 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 Innovative Asset Solutions, 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 B2026/804. [2026] FWC 2585 DECISION -- 1 of 2 -- [2026] FWC 2585 2 [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 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 21 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 PR811878. [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 if an Order is ultimately made in that application. 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 <PR811877> 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 --