Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2454
What happened
The Australian Workers' Union (AWU) applied to the Fair Work Commission for a protected action ballot order concerning employees of Monadelphous Engineering Associates Pty Ltd. This relates to an enterprise agreement negotiation. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers' Union (AMWU) have made similar applications. Monadelphous did not object, provided the application was amended. The ballot will be conducted by Democratic Outcomes Pty Ltd T/A CiVS.
What was decided
The Fair Work Commission granted leave to amend the AWU’s application and determined the matter on the papers. It found that all requirements of section 443(1) of the Fair Work Act were met, including a notification time for the proposed agreement. The ballot will close on July 15, 2026. An extended notice period of five working days applies to specific items listed in Clause 5 of the Order. A separate order was issued (PR811571) and another Commission member will conduct a conciliation conference.
What it means for employers
Employers negotiating enterprise agreements should be aware of the potential for unions to seek protected action ballot orders, even with other unions involved in similar negotiations. Agreement on notice periods can expedite the process and avoid formal objections.
What it means for employees
Employees covered by the proposed enterprise agreement may have an opportunity to vote in a protected action ballot. The extended notice period means industrial action will be preceded by five working days’ notice for certain matters.
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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 →