Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order (PABO) under section 437 of the Fair Work Act 2009, concerning employees of Bundaberg Brewed Drinks Pty Ltd (BBD). The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made a similar application. BBD objected, stating progress had been made in bargaining and the AMWU’s action was premature and not reflective of genuine engagement. Both unions are involved in the same enterprise agreement negotiations.
What was decided
The Fair Work Commission granted the AMWU's application for a PABO. The Commission found that a valid application had been made and it was required to make the order. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent. Voting must close by 6 July 2026. A compulsory conciliation conference will be scheduled with another Fair Work Commissioner to facilitate negotiations.
What it means for employers
Employers should ensure genuine and meaningful engagement occurs during enterprise bargaining processes. Simply making progress does not preclude union action if unresolved issues remain. Employers must also consider how their actions in previous negotiations might impact future proceedings, as noted regarding the CEPU’s conduct.
What it means for employees
Employees may see further industrial action through a protected ballot process as unions attempt to reach agreement with employers. The outcome of this PABO demonstrates that unions can pursue protected action even when some progress has been made in negotiations.
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