Application by Metro Trains Sydney Pty Ltd
Citation: [2026] FWC 2618
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission for an order allowing a protected action ballot regarding a proposed agreement with Metro Trains Sydney Pty Ltd (MTS). MTS did not oppose the ballot but sought an extension of the notice period to five days. A similar application was made by the Australian Rail, Tram and Bus Industry Union (RTBU) concerning the same agreement. MTS provided evidence from its General Manager Engineering and Maintenance Delivery outlining operational concerns related to potential industrial action.
What was decided
The Fair Work Commission refused CEPU’s application to extend the notice period for a protected action ballot. The Deputy President found that exceptional circumstances did not exist to warrant the extension, citing reasons outlined in a separate decision regarding the RTBU's similar application. A ballot will be conducted by Vero Engagement & Voting Solutions Pty Ltd, with voting closing on 24 July 2026. A compulsory conciliation conference will be scheduled to facilitate negotiations between MTS and the unions.
What it means for employers
Employers should ensure they provide detailed evidence when seeking extensions to protected action ballot notice periods. Demonstrating potential operational disruptions and safety concerns is important, but it doesn't automatically guarantee an extension will be granted. The Commission considers all factors before making a decision.
What it means for employees
Employees should be aware that unions can seek protected action ballots to advance their claims in enterprise bargaining negotiations. While the notice period was not extended in this case, employees should understand the process and potential impact of 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 →