Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2344
What happened
The Applicant applied for a protected action ballot order concerning employees of Veolia Environmental Services (Australia) Pty Ltd. The AWU and Veolia are in bargaining negotiations for an enterprise agreement. Veolia did not oppose or support the application but raised concerns about the proposed ballot period. The Commissioner determined the matter based on documents submitted, without a hearing.
What was decided
The Fair Work Commission (FWC) granted a protected action ballot order. It set the voting closing date for July 10, 2026, establishing a 11-working-day ballot period. The Commissioner considered arguments from both sides regarding the appropriate length of the ballot period and referenced previous Full Bench decisions like CEPU v Nilsen. A compulsory conciliation conference will be scheduled to facilitate negotiations.
What it means for employers
The Respondent should ensure consistency between application documents and draft orders related to protected action ballots. They need to consider the impact of ballot periods on bargaining timelines, particularly when nearing a potential agreement. The Commissioner prioritises expeditious balloting processes, especially for electronic ballots.
What it means for employees
the Applicant represented by unions can pursue protected action ballots during enterprise bargaining negotiations. Union members should be aware of the ballot period and its implications for progressing towards an agreement. Employees must attend compulsory conciliation conferences as directed by the FWC.
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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 →