Application by United Workers' Union (108V)
Citation: [2026] FWC 2578
What happened
The United Workers' Union (UWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application relates to employees of Penguin Random House Australia Pty Ltd. The UWU stated they have been genuinely trying to reach an agreement with Penguin Random House through bargaining. Penguin Random House did not object to the application.
What was decided
The Fair Work Commission granted the UWU’s application for a protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by 22 July 2026. A compulsory conciliation conference will be scheduled to facilitate negotiations regarding the proposed enterprise agreement. As stated in the decision: 'I have decided to determine the matter on the papers without holding a hearing.'
What it means for employers
Employers should ensure they engage constructively in bargaining with unions and document their efforts. Failure to do so could lead to applications for protected action ballots, potentially disrupting operations.
What it means for employees
Employees may have an opportunity to participate in a ballot regarding a proposed enterprise agreement. This allows them to express their views on the terms of the agreement through a formal voting process.
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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 →