"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Rail Services Pty Limited [2025] FWC 601

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 Rail Services Pty Limited (B2025/299) DEPUTY PRESIDENT HAMPTON ADELAIDE, 27 FEBRUARY 2025 Proposed protected action ballot of employees of UGL Rail Services Pty Ltd [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 Rail Services Pty Limited (UGL Rail or Employer). [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)1 and the Australian Rail, Tram and Bus Industry Union (ARTBIU)2 have made separate applications for protected action ballot orders in relation to the same proposed enterprise agreement. [3] On 26 February 2025, the Commission was advised that UGL Rail had requested the AMWU to include a ‘safety undertaking’ within the ballot, but did not otherwise oppose the application, which was amended with respect to the proposed ballot period. The AMWU did not consent to the safety undertaking variation. I subsequently requested confirmation as to whether UGL Rail maintained their request for the inclusion of a safety undertaking, and if so, the statutory basis for the Commission to require it. Given the absence of any response from the Employer, I have 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 Chloe Simmons, Industrial Officer, AMWU Victorian Branch, 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 Rail, 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) and related provisions of the Act have been met. [5] 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. [2025] FWC 601 DECISION -- 1 of 2 -- [2025] FWC 601 2 [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 14 March 2025.3 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] I observe that the application provided by the AMWU contained certain observations about its preference in relation to the conduct of the ballot including updating and finalisation of the list of voters. These were not in a form suitable for inclusion in the Order and contradicted some of the other proposed provisions. In that light, I have issued the Order using the Commission’s standard approach. I also observe that the Ballot Agent may have regard to the proposals set out in the application to the extent that they are consistent with the Order, the Act and associated regulations, and the proper conduct of a ballot of this kind. [8] An Order has been separately issued in PR784823. [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 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 <PR784824> 1 B2025/298. 2 B2025/300. 3 This is, in effect, 10 working days from the making of the Order and was the period sought in the application. -- 2 of 2 --