Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2322
What happened
The Applicant applied to the Fair Work Commission for a protected action ballot order. This relates to employees of Compass Group Pty Ltd and Compass Group Remote Hospitality Services Pty Ltd. The Applicant and the Respondent were negotiating a new enterprise agreement to replace two existing agreements, covering offshore oil and gas workers. The Respondent initially raised an objection but later consented to an amended notice period. The Applicant also sought to expand the application's coverage.
What was decided
The Fair Work Commission granted leave to amend the application, extending its coverage and adjusting the notice period for industrial action. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS), a registered ballot agent. Voting must close by 7 July 2026. An extended written notice period of five working days was approved due to exceptional circumstances. A separate order has been issued, PR811295, and another Commission member will conduct compulsory conciliation.
What it means for employers
Employers should be aware that the Fair Work Commission can grant protected action ballot orders when parties are negotiating enterprise agreements. They must engage in genuine bargaining to reach an agreement. Be prepared for potential amendments to applications and notice periods based on exceptional circumstances, as demonstrated by the Respondent’s acceptance of a revised timeframe.
What it means for employees
Employees should understand that their union can seek approval for protected action ballots during enterprise negotiations. This allows them to vote on whether to take industrial action. The ballot will be conducted by an approved agent and voting closes on 7 July 2026, with a five-day notice period before any potential action.
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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 →