Application by National Tertiary Education Industry Union (283V)
Citation: [2026] FWC 2685
What happened
The National Tertiary Education Industry Union (NTEU) applied for a protected action ballot order concerning employees of Queensland University of Technology (QUT). QUT initially objected to the application, but later withdrew its objection. The NTEU confirmed they would contest this objection. The Commission facilitated discussions between both parties. a witness, an NTEU Division Industrial Officer, declared steps taken in bargaining with QUT and affirmed their genuine attempts to reach agreement.
What was decided
The Fair Work Commission (FWC) granted the NTEU’s application for a protected action ballot order. The objection from QUT was withdrawn, allowing the FWC to determine the matter on the papers without a hearing. True Vote Pty Ltd, an approved ballot agent, will conduct the ballot, with voting closing on 31 July 2026. A compulsory conciliation conference will be held under s.448A of the Fair Work Act. An order was also issued in PR812182.
What it means for employers
Employers should ensure they engage constructively in bargaining processes and carefully consider any objections to union applications for protected action ballots. Withdrawing an objection mid-process can be a costly decision, as it demonstrates a lack of willingness to negotiate.
What it means for employees
Employees represented by the NTEU at QUT will have the opportunity to vote in a protected action ballot. This process allows them to potentially take industrial action if negotiations with their employer fail to reach an 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