Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2743
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application concerned employees of Harsco Metals Australia Pty Ltd. The Applicant stated they had been genuinely trying to reach an agreement with Harsco through bargaining. The Respondent did not object to the application.
What was decided
The Commission granted the Applicant's application for a protected action ballot order. The Australian Electoral Commission (AEC) will conduct the ballot, with voting closing on 1 September 2026. A separate order was issued (PR812335). Another member of the Commission will hold a compulsory conciliation conference to facilitate negotiations regarding the proposed enterprise agreement.
What it means for employers
Employers should be aware of their obligations during enterprise bargaining processes, including responding to union requests for protected action ballot orders. Failing to engage constructively in bargaining can lead to these applications being granted.
What it means for employees
Employees may have opportunities to participate in a vote regarding an enterprise agreement through a protected action ballot. This allows them to express their views on proposed terms and conditions of employment.
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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 →