Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 2884
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This application relates to employees of Downer EDI Engineering Power Pty Ltd. The CEPU was attempting to reach an agreement with Downer Engineering. Other unions, including the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union, also made similar applications concerning the same proposed enterprise agreement.
What was decided
The Fair Work Commission granted the CEPU's application for a protected action ballot order. The Commission was satisfied that there was a notification time related to the proposed agreement and that all requirements of section 443(1) were met. Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent, will conduct the ballot, with voting closing on August 14, 2026. A separate order has been issued in PR812678. Conciliation conferences will be held to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining processes when negotiating enterprise agreements. Failure to do so could lead to union applications for protected action ballots, potentially disrupting operations and impacting employee relations. The employer did not object to the application.
What it means for employees
Employees may have an opportunity to vote on a proposed enterprise agreement through a ballot process. Unions can apply for protected action ballots if bargaining is unsuccessful. This could lead to industrial action if approved by employees.
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/2026fwc2884.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. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
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 →