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.
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/2026fwc2335.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. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
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 →