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.
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/2026fwc2324.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. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
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