Application by National Tertiary Education Industry Union (283V)
Citation: [2026] FWC 2299
What happened
The NTEU applied to the Fair Work Commission for a protected action ballot order. This relates to negotiations for a new enterprise agreement replacing The University of Sydney Enterprise Agreement 2023-2026. The NTEU and the University of Sydney are attempting to reach an agreement. The University of Sydney did not formally object but considered the application unnecessary and premature, also raising concerns about vague questions. TrueVote Pty Ltd will conduct the ballot.
What was decided
The Fair Work Commission granted the NTEU’s application for a protected action ballot order under section 437 of the Fair Work Act 2009. The Commissioner found that the NTEU had met all requirements in section 443(1) of the Act and was genuinely trying to reach an agreement with the University of Sydney. Voting will close on July 10, 2026. A separate order (PR811241) has been issued, and a compulsory conciliation conference will be scheduled.
What it means for employers
Employers should ensure bargaining processes are well-documented to demonstrate genuine attempts at reaching agreement with unions. Raising concerns about the clarity of ballot questions is acceptable but must not be used as a tactic to delay or obstruct negotiations.
What it means for employees
Employees represented by the NTEU may have an opportunity to vote in a protected action ballot, potentially leading to industrial action if negotiations fail. The process involves specific legal requirements and timelines.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2299.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →