Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2464
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This application relates to employees of Valmet Pty Ltd. The Australian Manufacturing Workers’ Union also made a separate similar application. Valmet did not object to the Applicant's application. Negotiations are ongoing regarding an enterprise agreement.
What was decided
The Commissioner granted the Applicant’s application for a protected action ballot order. The ballot will be conducted by Vero Engagement & Voting Solutions Pty Ltd, which is an approved ballot agent. Voting must close by 15 July 2026. A separate order was issued (PR811595). A compulsory conciliation conference will be held to facilitate negotiations on the enterprise agreement.
What it means for employers
Employers should ensure they are genuinely bargaining with unions when negotiating enterprise agreements. Failure to do so could lead to union applications for protected action ballots, potentially disrupting operations and impacting employee relations. The Commission’s approval of a ballot order indicates a finding that genuine bargaining efforts have occurred.
What it means for employees
Employees may soon be able to vote on a proposed enterprise agreement through a protected action ballot. This provides an opportunity to influence the terms and conditions of their employment. Union members should participate in the ballot process.
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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 →