Application by The Australian Workers' Union (002N)
Citation: [2026] FWC 2892
What happened
The Australian Workers' Union (AWU) applied for a protected action ballot order concerning employees of Allnex Resins Australia Pty Ltd. The AWU and employer were attempting to reach an agreement, but had not yet succeeded. The employer didn’t formally object to the application, though raised concerns about potential industrial action risks and requested a three-day notice period. the Applicant, an organiser for the AWU, confirmed steps taken in bargaining.
What was decided
The Fair Work Commission granted the AWU's request 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. Voting must close by August 17, 2026. A separate order (PR812713) was issued and another Commission member will conduct a compulsory conciliation conference to facilitate negotiations.
What it means for employers
Employers should be aware of the requirements for bargaining with unions and potential consequences if industrial action is considered. They must also consider providing adequate notice periods for any proposed industrial action, as per legislation.
What it means for employees
Employees may have the right to engage in protected industrial action if certain conditions are met. The union will conduct a ballot to determine whether employees wish to proceed with this option.
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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 →