Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2773
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order (PABO) concerning employees of One Rail Australia (NSW) Pty Ltd. The union sought approval to conduct a ballot regarding wage negotiations. One Rail objected, arguing the application was premature because the current enterprise agreement hasn’t expired and there were inaccuracies in how wage negotiations were presented. Both parties submitted further information.
What was decided
The Fair Work Commission Deputy President Hampton determined the AMWU's application for a PABO should proceed. He found that the union had been genuinely trying to reach an enterprise agreement with One Rail, and the timing of the application (23 days before the nominal expiry date) was permissible under law. The ballot will be conducted by Fair Vote Services Pty Ltd. The voting closure date is set for August 7, 2026, and a compulsory conciliation conference will be scheduled to facilitate negotiations.
What it means for employers
Employers should ensure they accurately represent the status of enterprise agreement negotiations when responding to union applications. Challenging an application on grounds of prematurity requires strong evidence. The Commission prioritises whether parties are genuinely bargaining in good faith, even if a ballot is sought relatively early in the negotiation process.
What it means for employees
Employees should be aware that unions can seek approval for protected action ballots before an existing enterprise agreement expires. This allows employees to consider industrial action as part of negotiations. The timing and conduct of any resulting action will be governed by Fair Work legislation.
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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 →