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FWCFair Work Commission · 2026

Application by The Australasian Meat Industry Employees Union (007V)

Citation: [2026] FWC 2329

What happened

The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application related to employees of Wingham Beef Exports Pty Limited. The union and employer have been bargaining over an enterprise agreement, and the union states it has genuinely tried to reach an agreement. Wingham Beef did not object to the application.

What was decided

The Fair Work Commission granted the Applicant’s request for a protected action ballot order. True Vote Pty Ltd will conduct the ballot as an approved ballot agent. The voting period closes on 6 July 2026. A separate order (PR811319) was issued, and another member of the Commission 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 union 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 regarding notification times and bargaining processes.

What it means for employees

Employees should be aware that their union can seek a ballot order if negotiations with an employer stall. This allows employees to vote on whether to take protected industrial action. Employees are required to attend conciliation conferences as directed by the Commission.

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enterprise-agreementgeneral-protectionsprotected-action

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2329.pdf

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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

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