Application by CPSU, the Community and Public Sector Union (090V)
Citation: [2026] FWC 2735
What happened
The CPSU, the Community and Public Sector Union, applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of the Victorian Arts Centre Trust. The CEPU and MEAA also made similar applications regarding the same proposed agreement. The Victorian Arts Centre Trust did not object to the application, although inconsistencies were initially raised. The CPSU stated it has been genuinely trying to reach an agreement with the Arts Centre.
What was decided
The Fair Work Commission granted leave to amend the application and determined that all requirements of section 433(1) of the Act have been met. A protected action ballot order was issued, to be conducted by TrueVote Pty Ltd, an approved ballot agent. Voting must close by August 5, 2026. The Commission will assign another Member to conduct a compulsory conciliation conference for all bargaining representatives.
What it means for employers
Employers should ensure that any proposed enterprise agreements are genuinely negotiated with unions and employees. Any inconsistencies in applications relating to these agreements need to be addressed promptly to avoid delays or complications during the ballot process.
What it means for employees
Employees may have an opportunity to vote on a protected action ballot order as part of negotiations for a new enterprise agreement. This allows them to take industrial action if necessary, but only after following specific legal procedures.
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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 →