Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2528
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of Ventia Utility Services Pty Limited and Suez Water Pty Ltd trading as Watersure. The Australian Manufacturing Workers' Union (AMWU) and Australian Workers’ Union (AWU) also made similar applications regarding a proposed enterprise agreement. The employer did not object to the CEPU’s application.
What was decided
The Fair Work Commission granted the CEPU’s application for a protected action ballot order. The Commission was satisfied that genuine bargaining had occurred and all requirements of section 443(1) of the Act were met. Vero Engagement & Voting Solutions Pty Ltd will conduct the ballot, with voting closing on July 17, 2026. A separate order was issued (PR811760). A compulsory conciliation conference will be held to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining during enterprise agreement negotiations and document those efforts. Failure to do so could lead to unions seeking protected action ballot orders, potentially disrupting operations and increasing negotiation pressure.
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 employment and conditions.
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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 →