Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2864
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of The Trustee for Regal Cream Products Trust, trading as Bulla Dairy Foods. Another union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), also made a similar application regarding the same proposed agreement. Bulla Dairy Foods did not object to the AMWU's application.
What was decided
The Fair Work Commission granted the AMWU’s application for a protected action ballot order. The Commission was satisfied that there was a notification time and all requirements of section 433(1) 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 (PR812634) has been issued. Conciliation conferences will be held to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Failure to do so may lead to union applications for protected action ballots, potentially disrupting operations and impacting employee relations. The CEPU’s separate application highlights the importance of addressing concerns from multiple unions.
What it means for employees
Employees may have an opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to express their views on the terms and conditions of employment, potentially influencing negotiations with the employer.
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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 →