Application by National Tertiary Education Industry Union (283V)
Citation: [2026] FWC 2324
What happened
The NTEU applied for a protected action ballot order under the Fair Work Act 2009, concerning employees of Federation University Australia. The NTEU and Federation University were in bargaining negotiations for an enterprise agreement. TrueVote Pty Ltd will conduct the electronic ballot. The union stated it had been genuinely trying to reach an agreement with the university.
What was decided
The Fair Work Commission granted the NTEU’s application for a protected action ballot order. The Commissioner found that all requirements of section 443(1) of the Act were met and that there was a notification time related to the proposed agreement. Voting will close on July 24, 2026. One ballot question was amended to align with legal requirements. A separate Order (PR811304) has been issued, and compulsory conciliation is scheduled.
What it means for employers
Employers should ensure bargaining processes are genuinely undertaken and documented when negotiating enterprise agreements. They need to be aware of the requirements for protected action ballots and respond appropriately to union applications. The Commissioner may modify ballot questions if they don't align with legal interpretations.
What it means for employees
Employees represented by the NTEU will have an opportunity to vote in a protected action ballot regarding enterprise agreement negotiations with Federation University Australia. It is important to understand the nature of any proposed industrial action before voting.
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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 →