Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2576
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 application relates to employees of Downer EDI Rail Pty Ltd (Downer EDI). The Australian Manufacturing Workers’ Union (AMWU) has made a separate, related application concerning the same proposed enterprise agreement. the Respondent did not strongly object to the application but raised concerns about the timing and nature of potential industrial action.
What was decided
The Fair Work Commission granted the CEPU's application for a protected action ballot order. The Commissioner was satisfied that genuine bargaining had occurred between the union and Downer EDI, and all requirements under section 443(1) of the Act were met. Vero Engagement & Voting Solutions Pty Ltd (Vero Voting), an approved ballot agent, will conduct the ballot, which must close by July 20, 2026. A separate order was issued in PR811859 and a compulsory conciliation conference will be scheduled.
What it means for employers
Employers should ensure that bargaining processes are clearly documented to demonstrate genuine attempts at reaching agreement with employees or unions. Addressing concerns about the timing and nature of potential industrial action promptly can help avoid delays in ballot applications. Understanding the requirements for protected action ballots is crucial when negotiating enterprise agreements.
What it means for employees
Employees should be aware that their union can seek a protected action ballot order to facilitate bargaining with employers. This allows employees to potentially take protected industrial action if agreement cannot be reached. The process involves a formal ballot conducted by an approved agent.
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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 →