Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2331
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of G James Extrusion Co Pty Ltd. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) also made a similar application for the same proposed agreement. G James did not object to the AMWU’s application. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS).
What was decided
The Fair Work Commission granted the AMWU's application for a protected action ballot order. The Commission was satisfied that there was a notification time and all requirements of section 443(1) were met. Voting will close on July 8, 2026. A separate order has been issued (PR811322). A compulsory conciliation conference will be held to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. The Commission assesses whether parties are genuinely trying to reach agreement before authorising protected action ballots. Failing to do so can lead to applications for ballot orders and potential compulsory conciliation conferences.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot if their union applies for one. This allows employees to express their views on the terms of the agreement.
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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