Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2849
What happened
The Applicant applied to the Fair Work Commission for a protected action ballot order concerning employees of Compass Group (Australia) Pty Limited. Initially, the Respondent objected, requesting an extended notice period for industrial action. However, after discussions, both parties agreed to amend the application, including a safety and emergency events undertaking and shortening the notice period to five working days. The Applicant demonstrated it had been genuinely trying to reach agreement with the Respondent.
What was decided
The Fair Work Commission granted leave to amend the application and issued an order for a protected action ballot. Voting will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. The voting period closes on 12 August 2026. An extended notice period of five working days applies to specific industrial actions outlined in the order. A compulsory conciliation conference will be held to facilitate negotiations for a proposed enterprise agreement.
What it means for employers
Employers should engage constructively with union bargaining processes and consider the implications of extending notice periods for potential industrial action. Agreements reached through consent orders are legally binding, so it's important to fully understand any amendments before agreeing to them.
What it means for employees
Employees may have an opportunity to participate in a protected action ballot regarding their enterprise agreement. The ballot will be conducted by an approved agent and the results could influence negotiations with the Respondent.
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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 →