Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2565
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of Downer EDI Rail Pty Ltd. Another union, CEPU, made a similar application concerning the same proposed enterprise agreement. Downer EDI Rail initially raised concerns about the timing and nature of potential industrial action but ultimately did not object to the AMWU’s application. The ballot will be conducted by Vero Engagement & Voting Solutions Pty Ltd.
What was decided
The Fair Work Commission granted the AMWU's application for a protected action ballot order. The Commission was satisfied that genuine bargaining efforts were underway and all requirements of section 443(1) of the Act had been met. The voting period will close on July 20, 2026. A separate order has been issued (PR811821). A compulsory conciliation conference will be scheduled with another Commission member to facilitate negotiations.
What it means for employers
Employers should ensure clear communication regarding the timing and nature of any proposed industrial action during enterprise bargaining negotiations. While Downer EDI Rail did not ultimately object, raising concerns early can help clarify expectations and potentially influence the ballot process.
What it means for employees
Employees should be aware that a protected action ballot is underway concerning their employment conditions. This allows them to participate in the voting process if they choose to do so. The outcome of the ballot may impact future enterprise agreements.
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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 →