Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2890
What happened
The Australian Workers' Union (AWU) applied for a protected action ballot order concerning employees of Downer EDI Engineering Power Pty Ltd. The AWU and other unions, including the AMWU, CFMEU, and CEPU, sought similar orders related to an enterprise agreement. Downer Engineering did not object to the application. the Applicant, an Organiser from the AWU, declared that genuine bargaining efforts had been made with the employer.
What was decided
The Fair Work Commission granted the AWU’s application for a protected action ballot order under section 437 of the Fair Work Act 2009. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by August 14, 2026. A separate order was issued (PR812700). Another Commission Member will conduct compulsory conciliation 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 could lead to applications for protected action ballots, potentially disrupting operations and impacting employee relations. The decision highlights the importance of responding to union requests and engaging constructively in the negotiation process.
What it means for employees
Employees may have a right to take protected industrial action if bargaining with their employer over an enterprise agreement reaches an impasse. This allows for collective action to pressure employers towards reaching an agreement. Affected employees should be aware of the ballot process and consider participating.
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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 →