Application by United Workers' Union (108V)
Citation: [2026] FWC 2328
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 James Hardie Australia Pty Ltd. The UWU stated they have been genuinely trying to reach an agreement with James Hardie through bargaining. James Hardie did not object to the application.
What was decided
The Fair Work Commission granted the protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, a registered ballot agent. Voting must close by 15 July 2026. A separate order (PR811316) was issued and another member of the Commission will conduct compulsory conciliation to facilitate negotiations.
What it means for employers
Employers should be aware of their obligations during enterprise bargaining processes, including responding to union requests for protected action ballots. Failure to engage constructively in bargaining can lead to a ballot order being granted.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to express their views and potentially influence the outcome of negotiations.
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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 →