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.
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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 →