Application by CFMEU (105N)
Citation: [2026] FWC 2878
What happened
The CFMEU applied for a protected action ballot order under section 437 of the Fair Work Act 2009, concerning employees of Downer EDI Engineering Power Pty Ltd. The AMWU, CEPU and AWU also made similar applications regarding the same proposed enterprise agreement. Downer Engineering did not formally object to the application but raised concerns about some information provided in the application form. Paul Dunbar from the CFMEU declared that genuine bargaining efforts had been undertaken.
What was decided
The Fair Work Commission granted a protected action ballot order. The ballot will be conducted by True Vote Pty Ltd, an approved ballot agent. Voting must close by August 14, 2026. A separate order (PR812662) was issued. Another member of the Commission will conduct compulsory conciliation to facilitate negotiations.
What it means for employers
Employers should ensure that any information provided in applications for protected action ballot orders is accurate and reflects their position. It's important to engage constructively in bargaining processes, as a lack of genuine effort can impact outcomes.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot. This process allows employees to collectively bargain for improved terms and 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 →