Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2463
What happened
The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a protected action ballot order concerning employees of Monadelphous Engineering Associates Pty Ltd. The application related to a proposed enterprise agreement. Two other unions, CEPU and AWU, also made similar applications. Monadelphous did not object to the AMWU’s application after an agreed amendment regarding notice periods. The ballot will be conducted by CiVS, an approved ballot agent.
What was decided
The Fair Work Commission granted the AMWU's request for a protected action ballot order. The Commission found that exceptional circumstances existed justifying an extended written notice period of five working days for industrial action. Voting closes on 15 July 2026. A separate order was issued (PR811592). Another Fair Work Commissioner will conduct compulsory conciliation to facilitate negotiations.
What it means for employers
Employers should be aware that unions can seek protected action ballot orders, especially when bargaining for enterprise agreements. It's important to engage in genuine bargaining and consider the impact of notice periods for industrial action. Failure to do so may lead to applications being granted with extended notice periods.
What it means for employees
Employees represented by the AMWU may have an opportunity to vote on protected action related to a proposed enterprise agreement. The extended notice period means there's more time before any potential industrial action takes place, allowing for further negotiations.
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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