Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2437
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission for a protected action ballot order concerning employees of Monadelphous Engineering Associates Pty Ltd (MEA). The application sought approval for a ballot regarding an agreement. Following discussions, MEA did not object to the application with amendments including an emergency events undertaking and extended notice periods. The CEPU stated they had been genuinely trying to reach an agreement with MEA. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS).
What was decided
The Fair Work Commission granted leave to amend the application, approving a protected action ballot order. An emergency events undertaking was included, requiring employees taking industrial action to return to work for safety or cyclone threats under specific conditions. The voting period closes on 14 July 2026. A minimum extended notice period of five working days applies. The Commission determined exceptional circumstances justified the extended notice. A compulsory conciliation conference will be held with another Fair Work Commission Member.
What it means for employers
Employers should ensure they understand and comply with requirements for protected action ballots, including providing adequate notice and addressing emergency situations appropriately. Clear communication and genuine bargaining efforts are crucial to avoid applications like this.
What it means for employees
Employees have the right to engage in collective bargaining and potentially industrial action through a properly conducted ballot process. Understanding the terms of any agreement, particularly regarding emergency events, is important.
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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 →