Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2485
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission for a protected action ballot order concerning employees of BHP Minerals Pty Ltd. The application related to bargaining for an enterprise agreement. Following discussions, both parties agreed to amendments including an emergency events undertaking and extended notice for industrial action. CEPU’s Lead Organiser, Brant Softley, declared steps taken in bargaining with BHP.
What was decided
The Fair Work Commission granted the CEPU's application for a protected action ballot order, subject to amendments agreed upon by both parties. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent. A closing date of 16 July 2026 was set for voting. An extended notice period of five working days applies to certain industrial actions. BHP must provide written notices detailing emergency events requiring employees to return to work. The matter will be referred to another Commission member for compulsory conciliation.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions and consider the implications of emergency events when negotiating agreements involving potential industrial action. Providing clear communication and explanations during emergencies is crucial, as outlined in the undertaking.
What it means for employees
Employees considering protected action should understand the process for obtaining a ballot order and the conditions that may be attached, such as obligations related to emergency situations. The CEPU will conduct a ballot to determine if industrial action will proceed.
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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 →