Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2842
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This application relates to employees of Bulla Dairy Foods, a company managed by The Trustee for Regal Cream Products Trust. The Applicant and another union, the Australian Manufacturing Workers’ Union (AMWU), previously made similar applications concerning an enterprise agreement. Bulla Dairy Foods did not object to the Applicant's application.
What was decided
The Fair Work Commission granted a protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, which is an approved ballot agent. Voting must close by August 11, 2026. The Commissioner noted some issues regarding the Applicant’s preference for how the ballot agent should handle list conflicts but deemed them unsuitable for inclusion in the order. A separate order was issued (PR812587) and a compulsory conciliation conference will be held by another Fair Work Commissioner.
What it means for employers
Employers should ensure they are aware of union activity related to enterprise bargaining. They need to respond appropriately to union requests, including those relating to protected action ballots. Failing to object to an application doesn't preclude later involvement in the process.
What it means for employees
Employees may have opportunities to participate in a protected action ballot as part of enterprise agreement negotiations. The ballot will be conducted by Fair Vote Services Pty Ltd and voting must close by August 11, 2026.
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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