Application by United Workers' Union (108V)
Citation: [2026] FWC 2858
What happened
The United Workers' Union (UWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application relates to employees of Lactalis Australia Pty Ltd. UWU stated they have been genuinely trying to reach an agreement with Lactalis. Lactalis did not object to the application.
What was decided
The Fair Work Commission granted the protected action ballot order. It found that a notification time exists for the proposed agreement and all requirements of section 433(1) of the Act were met. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by August 12, 2026. A separate order (PR812620) was issued. A compulsory conciliation conference will be scheduled.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Failure to do so could lead to union applications for protected action ballots, potentially disrupting operations and increasing costs.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to express their views on the terms of the agreement.
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/2026fwc2858.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. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours, no account. Get a Day Pass — $4.99
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