Application by Australian Municipal, Administrative, Clerical and Services Union (052V)
Citation: [2026] FWC 2395
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 the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU). The AMWU did not object to the application. The Applicant stated it had been genuinely trying to reach an agreement with the AMWU during bargaining.
What was decided
The Fair Work Commission granted the protected action ballot order. TrueVote Pty Ltd will conduct the ballot, which must close by 10 July 2026. This date was determined for compliance with section 443(3)(c) of the Act and establishes the ballot period under section 448A(2). A compulsory conciliation conference is scheduled to facilitate negotiations regarding a proposed enterprise agreement.
What it means for employers
Employers should ensure they engage in genuine bargaining processes when negotiating enterprise agreements. Failure to do so could lead to unions seeking protected action ballots, potentially disrupting operations and increasing costs.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to express their views on key terms and conditions of employment.
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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 →