Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2526
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application relates to employees of Ventia Utility Services Pty Limited and Suez Water Pty Ltd, trading as Watersure. Two other unions, the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), also made similar applications concerning the same proposed enterprise agreement. The employer did not object to the Applicant's application.
What was decided
The Fair Work Commission granted the Applicant’s application for a protected action ballot order. The Commission was satisfied that there was a notification time and all requirements of section 433(1) 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 (PR811754) has been issued. A compulsory conciliation conference will be scheduled to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining when negotiating enterprise agreements. The Commission assesses whether parties are genuinely trying to reach agreement. Failure to do so 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 on a proposed enterprise agreement through a protected action ballot. This allows them to express their views on the terms of the agreement and potentially take industrial action if necessary. Affected employees should be aware of the ballot dates and 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 →