Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2508
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 relates to employees of Suez Water Pty Ltd and Ventia Utility Services Pty Ltd, trading as Watersure. The AMWU was bargaining with Watersure regarding a proposed enterprise agreement. Other unions, the Australian Workers’ Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), also made similar applications. Watersure did not object to the application.
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 related to the proposed agreement and all requirements under section 443(1) of the Act were met. Fair Vote Services Pty Ltd, an approved ballot agent, will conduct the ballot, with voting closing on July 17, 2026. A separate order was issued in PR811723. 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 processes when negotiating enterprise agreements. This includes understanding and complying with requirements related to protected action ballot orders under the Fair Work Act. Failure to object to an application does not necessarily indicate agreement with the proposed terms.
What it means for employees
Employees may have opportunities to participate in protected action ballots as part of enterprise bargaining processes. The outcome of these ballots can influence the terms and conditions of their employment through a new enterprise agreement.
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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 →