"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v CSL Limited [2026] FWC 3178
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
CSL Limited
(B2026/1027)
COMMISSIONER YILMAZ MELBOURNE, 20 AUGUST 2026
Proposed protected action ballot of employees of CSL Limited – 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 CSL Limited (CSL 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 19 August 2026, the Commission was advised that the Employer, in effect, did object
to the Application. However, on 20 August 2026 the Respondent advised that while they did
not agree with the Applicant’s response to its objection, they did not consider it to be in the
parties’ best interests to litigate the matter. For that reason, they withdrew their objection.
[4] Neither party objected to this matter being determined on the papers. 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 Daniel Yacoub,
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 CSL, 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 B2026/1026.
[2026] FWC 3178
DECISION
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[2026] FWC 3178
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 3 September 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 PR813475.
[9] A further listing will be sent out from my Chambers scheduling the s.448A compulsory
conciliation conference along with the application by the CEPU. I 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.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<PR813474>
2 This is, in effect, 10 working days from the making of the Order and was the date sought in the application.
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Official source: https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3178.pdf