Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2530
What happened
The Applicant applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order. The application related to employees of Ampol Refineries (QLD) Pty Ltd. Following discussions, the Respondent did not object to the application with some amendments, including excluding Laboratory Graduates and providing extended notice for industrial action. The Applicant stated they had been genuinely trying to reach an agreement with Ampol Refineries.
What was decided
The Fair Work Commission granted leave to amend the application and made an order for a protected action ballot. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by 17 July 2026. An extended notice period of five days applies to certain items and seven days to others. A compulsory conciliation conference will also be held.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions. Any proposed industrial action ballots need careful consideration, and early engagement can help streamline the process. Be prepared for requests for extended notice periods, particularly if exceptional circumstances exist.
What it means for employees
Employees may have an opportunity to participate in a protected action ballot regarding workplace matters. Understand the implications of industrial action and any associated notice periods.
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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 →