Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2459
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of Valmet Pty Ltd, a company in the manufacturing sector. Another union, the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU), also made a similar application for the same proposed enterprise agreement. Valmet did not object to the AMWU's application. The ballot will be conducted by Fair Vote Services Pty Ltd.
What was decided
The Fair Work Commission granted the AMWU’s application for a protected action ballot order. The Commission was satisfied that there was a notification time and all requirements of section 443(1) were met. Voting must close by July 15, 2026. A separate order has been issued (PR811587). A compulsory conciliation conference will be held to facilitate negotiations regarding the proposed enterprise agreement.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. The Commission assesses whether parties are genuinely trying to reach an agreement before approving a protected action ballot order. Using an approved ballot agent is also essential for conducting legally compliant ballots.
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 and potentially take industrial action if negotiations are unsuccessful. The AMWU and CEPU are both involved in bargaining with Valmet.
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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 →