Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2465
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 application relates to employees of Otis Elevator Company Pty Ltd. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) also made a similar application regarding the same proposed agreement. Otis did not object to the AMWU's application, and the parties reached an agreement on this point.
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 relating to the proposed agreement and that all requirements of section 437 were met. Fair Vote Services Pty Ltd will conduct the ballot, with voting closing on July 15, 2026. A separate order has been issued (PR811597). A compulsory conciliation conference is scheduled.
What it means for employers
Employers should ensure they engage in genuine bargaining processes when negotiating agreements with unions. The absence of objection from Otis facilitated the granting of the ballot order, highlighting the importance of constructive engagement.
What it means for employees
Employees may have an opportunity to vote on a proposed agreement through a protected action ballot. This allows them to express their views and potentially influence the outcome of 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 →