Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2550
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied for a protected action ballot order (PABO) regarding employees of Newcastle Coal Infrastructure Group Pty Ltd (Newcastle Coal). The application related to a proposed enterprise agreement. Newcastle Coal raised objections concerning the ballot period and technical errors. Another union, CFMEU, has a separate but related PABO application. Vero Engagement & Voting Solutions Pty Ltd will conduct the ballot.
What was decided
The Fair Work Commission granted the CEPU’s application for a protected action ballot order. The Commissioner determined that voting must close on 14 July 2026, aligning with the related matter's ballot closure date. This decision was made after considering arguments about the ballot period and ensuring an expeditious process. A compulsory conciliation conference will be scheduled to facilitate negotiations.
What it means for employers
the Respondent should ensure they are prepared to engage constructively in bargaining processes and consider the implications of proposed ballot periods, especially when related matters are involved. The Commissioner prioritises enabling ballots to be conducted as quickly and efficiently as possible.
What it means for employees
the Applicant should be aware that unions can seek protected action ballot orders during enterprise agreement negotiations. The ballot period will determine the timeframe for voting on potential industrial action.
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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