Application by National Tertiary Education Industry Union (283V)
Citation: [2026] FWC 2723
What happened
The NTEU applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application concerned employees of Griffith University. The NTEU stated they have been attempting to reach an agreement with the university through bargaining. Griffith University did not object to the application.
What was decided
The Fair Work Commission granted the NTEU’s application for a protected action ballot order. TrueVote Pty Ltd, an approved ballot agent, will conduct the electronic voting. The voting period closes on 11 August 2026. A compulsory conciliation conference will be scheduled to facilitate negotiations between the NTEU and Griffith University. As stated by Deputy President Hampton: 'I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.'
What it means for employers
Employers should ensure they engage constructively in bargaining with unions. Failure to object to an application for a protected action ballot order may be interpreted as acceptance of the process.
What it means for employees
Union members may have the opportunity to vote on proposed enterprise agreements through a protected action ballot. This allows employees to express their views and potentially influence outcomes in negotiations with employers.
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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 →