Application by CFMEU (105N)
Citation: [2026] FWC 2706
What happened
The CFMEU applied for a protected action ballot order under section 437 of the Fair Work Act 2009, concerning employees of Innovative Asset Solutions Pty Ltd (UGL). The AMWU and CEPU also made similar applications. UGL initially had concerns about the ballot period but ultimately didn't object to the CFMEU’s application as amended. The union sought a five-day ballot period, while UGL preferred ten calendar days.
What was decided
The Fair Work Commission granted the CFMEU’s application for a protected action ballot order. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS). The voting period is set at five working days, commencing on 23 July 2026 and closing on 30 July 2026. The Commission found that all requirements of section 443(1) of the Act were met. A compulsory conciliation conference will be held.
What it means for employers
Employers should ensure they engage constructively in bargaining processes with unions. While UGL didn't ultimately oppose the ballot, early objections can lead to delays and potential complications. Understanding the requirements for protected action ballots is crucial when negotiating enterprise agreements.
What it means for employees
Employees may have an opportunity to vote on a proposed agreement through a protected action ballot. This process allows employees to express their views on whether or not to take industrial action related to the agreement’s terms.
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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 →