Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2564
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This application related to employees of UGL RS Pty Ltd. The Australian Manufacturing Workers’ Union also made a similar application concerning the same proposed agreement. UGL Rail did not formally object but raised concerns about privacy and ballot questions. The Applicant amended its application to reflect an agreed position.
What was decided
The Commissioner granted leave to amend the Applicant's application, determining the matter on the papers. The Commission found that there was a notification time for the proposed agreement and all requirements of section 443(1) were met. Vero Engagement and Voting Solutions Pty Ltd will conduct the ballot, with voting closing on July 20, 2026. A separate order (PR811818) has been issued. Compulsory conciliation is scheduled to occur.
What it means for employers
Employers should ensure clarity in proposed agreements and be mindful of privacy concerns when negotiating with unions. Addressing union concerns promptly can streamline the approval process for protected action ballots, as demonstrated by UGL Rail’s consent position.
What it means for employees
Employees may have an opportunity to vote on a new enterprise agreement through a protected action ballot. The Applicant and the Australian Manufacturing Workers’ Union are bargaining with UGL RS Pty Ltd regarding this 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