Application by The Association of Professional Engineers, Scientists and Managers, Australia (215V)
Citation: [2026] FWC 2719
What happened
The Applicant applied for a protected action ballot order concerning employees of Water Corporation. The Applicant and the Respondent were in bargaining negotiations. The Respondent initially raised concerns about the notice period. Following discussions, they reached an agreement on an extended notice period. A Union Official, her colleague, confirmed steps taken during bargaining.
What was decided
The Commission granted a protected action ballot order under section 437 of the Fair Work Act 2009. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by July 31, 2026. An extended written notice period of five working days was specified due to exceptional circumstances. A separate order was issued as PR812260 and a compulsory conference under section 448A will be conducted.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions. They must also consider the requirements for providing adequate notice periods when protected action ballots are proposed, especially if exceptional circumstances exist that warrant an extended period.
What it means for employees
Employees may have access to protected action ballot orders to facilitate industrial negotiations. It's important to understand the process and timelines involved in such ballots, including the required notice periods.
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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