Application by United Workers' Union (108V)
Citation: [2026] FWC 2302
What happened
The United Workers' Union (UWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application relates to employees of Arnott’s Biscuits Limited. The UWU and Arnott’s have been bargaining over an enterprise agreement. Arnott’s did not object to the application. A declaration from an Organiser for the UWU outlined the steps taken in negotiations with Arnott's.
What was decided
The Fair Work Commission granted the UWU’s application for a protected action ballot order. The Commissioner was satisfied that there was a notification time and all requirements of section 437 were met. Fair Vote Services Pty Ltd will conduct the ballot, which must close by July 6, 2026. A separate order (PR811248) has been issued. Another Commission Member will hold a compulsory conciliation conference to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Failure to do so could lead to applications for protected action ballots, potentially disrupting operations and impacting employee relations. The decision highlights the importance of complying with requirements under the Fair Work Act relating to bargaining notifications.
What it means for employees
Employees may have an opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to express their views on the terms and conditions of employment. The UWU sought an earlier date for the ballot, which was not granted by the Commissioner.
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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 →