Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2434
What happened
The Australian Workers' Union (AWU) applied for an order allowing a protected action ballot regarding employees of Environmental Services Group Pty Ltd. The company initially objected, but some objections were resolved through correspondence. The main remaining objection concerned question 14 of the proposed ballot, which related to industrial action and potential impacts on the employer’s business and policies. The AWU amended the ballot question to address the concerns raised by the Employer.
What was decided
The Fair Work Commission (FWC) granted the AWU's application for a protected action ballot order. the Commissioner found that question 14, as initially drafted, was sufficiently clear for employees to respond and could constitute industrial action under the Fair Work Act. The FWC also approved an amendment proposed by the AWU regarding email communications. A compulsory conciliation conference will be held to facilitate negotiations between the parties.
What it means for employers
Employers should ensure that any proposed ballot questions clearly describe the intended industrial action and avoid ambiguity. Workplace policies, such as uniform guidelines, do not automatically preclude actions from being considered industrial action. Employers must engage in meaningful negotiations during compulsory conciliation conferences.
What it means for employees
Employees considering protected industrial action should understand how their actions are described in ballot questions. Industrial action can occur even if it conflicts with workplace policies.
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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