Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2301
What happened
The Australian Workers' Union (AWU) applied for a protected action ballot order concerning employees of BHP WAIO Pty Ltd and BHP Iron Ore Pty Ltd. The AWU had been bargaining with BHP regarding an enterprise agreement, including an 'emergency protocol' and extending the notice period for industrial action. Other unions, the Australian Manufacturing Workers’ Union (AMWU) and Communications Electrical Electronic Energy union (CEPU), also made similar applications which were already resolved. BHP initially didn't object to the application but requested amendments.
What was decided
The Fair Work Commission granted the AWU’s amended application for a protected action ballot order. The Commissioner found that genuine bargaining had occurred and all requirements of section 443(1) of the Fair Work Act were met. A non-AEC, electronic voting system (CiVS) will conduct the ballot. An extended five-day written notice period before industrial action is approved under exceptional circumstances. Voting closes on July 6, 2026. A separate order was issued for compulsory conciliation.
What it means for employers
Employers should engage in genuine bargaining with unions and be prepared to compromise, as demonstrated by BHP’s agreement to include an 'emergency protocol' and extend the notice period. Failing to do so can lead to applications for protected action ballots.
What it means for employees
Employees may have a chance to vote on proposed enterprise agreements through a ballot process. The extended notice period means employees will receive five days’ notice before any industrial action takes place.
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/2026fwc2301.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 →