Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2335
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 G James Extrusion Co Pty Ltd. The Applicant stated they had been genuinely trying to reach an agreement with G James. The Respondent did not object to the application.
What was decided
The Fair Work Commission granted the protected action ballot order. It found that a notification time existed for the proposed agreement and all requirements of section 443(1) of the Act were met. Democratic Outcomes Pty Ltd (CiVS) will conduct the ballot, which must close by July 8, 2026. A compulsory conciliation conference will be scheduled to facilitate negotiations. As noted in paragraph [7], an Order was separately issued in PR811329.
What it means for employers
Employers should ensure they engage genuinely in bargaining with unions and document those efforts. Failure to do so may lead to applications for protected action ballots, which can disrupt operations and impact employee relations.
What it means for employees
Employees have the right to bargain collectively through a union. This process allows employees to negotiate terms and conditions of employment that improve their working lives. The ballot will allow employees to vote on whether or not to take protected industrial action.
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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