Application by United Workers' Union (108V)
Citation: [2026] FWC 2885
What happened
The United Workers' Union (UWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009, concerning employees of Linfox Australia Pty Ltd. The union and employer agreed to an extended four-day minimum notice period for any industrial action. the Applicant declared that genuine bargaining efforts had been made with Linfox. The ballot will be conducted by Fair Vote Services Pty Ltd.
What was decided
The Fair Work Commission granted the UWU’s application for a protected action ballot order. The Commission determined a four-day minimum notice period for industrial action and specified August 14, 2026 as the date voting closes, establishing a ten-day ballot period. Linfox did not object to the application subject to the extended notice period. A separate Order was issued (PR812688) and another Commission Member will conduct compulsory conciliation.
What it means for employers
Employers should be prepared for unions to seek protected action ballots, especially when bargaining is difficult. Consenting to an extended notice period can expedite the process but may also provide employees with more time to consider industrial action.
What it means for employees
Employees have a right to engage in protected industrial action if certain conditions are met. This decision highlights the importance of genuine bargaining and union representation during enterprise agreement negotiations.
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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 →