Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2499
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application concerned employees of RLA Polymers Pty Ltd. The Applicant and RLA Polymers were attempting to reach an agreement, but had not yet succeeded. A Union Organiser declared that the Applicant had been genuinely trying to negotiate with the Respondent.
What was decided
The Fair Work Commission (FWC) granted the application for a protected action ballot order. The Respondent did not object to the application. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by 22 July 2026. A compulsory conciliation conference will be held later to facilitate negotiations between the Applicant and RLA Polymers.
What it means for employers
Employers should ensure they are genuinely attempting to reach agreements with unions during bargaining periods. Failure to engage constructively could lead to applications for protected action ballots, potentially disrupting operations and impacting employee relations.
What it means for employees
Employees may have the opportunity to vote in a protected action ballot if negotiations between their union and employer stall. This allows employees to consider taking industrial action as a means of resolving disputes.
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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 →