Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2738
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This application relates to employees of the Victorian Arts Centre Trust. The CEPU was seeking approval for a non-Australian Electoral Commission (AEC) electronic vote. Two other unions, CPSU and MEAA, also made similar applications. The employer did not object to the amended application.
What was decided
The Fair Work Commission granted the CEPU’s application for a protected action ballot order. TrueVote Pty Ltd will conduct the ballot. Voting must close by August 5, 2026. A separate order was issued (PR812320). The matter will be referred to another Commissioner for compulsory conciliation and further negotiations.
What it means for employers
Employers should ensure they engage constructively in bargaining processes with unions. Failing to object to a ballot application, even when amended, does not preclude future challenges or scrutiny of the process. Be prepared for potential directions from the Commission requiring attendance at conciliation conferences.
What it means for employees
Employees may have an opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to take industrial action if negotiations fail. Check with your union representatives for details about the voting process and deadlines.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2738.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →