Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2876
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 related to employees of Downer EDI Engineering Power Pty Ltd. The AMWU was seeking approval for a vote on a proposed enterprise agreement. Other unions, CEPU and AWU, also made similar applications. Downer Engineering did not formally object but raised some minor points regarding the application’s details. The ballot will be conducted by Fair Vote Services Pty Ltd.
What was decided
The Fair Work Commission granted the AMWU's application for a protected action ballot order. The Commission was satisfied that genuine bargaining had occurred and all requirements of section 437 were met. Voting must close by August 14, 2026. A separate order (PR812654) has been issued. A compulsory conciliation conference will be held with representatives from both parties to facilitate negotiations.
What it means for employers
Employers should ensure they are aware of union bargaining activities and respond promptly to applications for protected action ballots. While Downer Engineering did not object, raising minor points demonstrates the importance of carefully reviewing such applications for accuracy.
What it means for employees
Employees should be informed about upcoming enterprise agreement negotiations and ballot dates. This allows them to participate in the voting process and understand any potential changes to their working conditions.
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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