Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2921
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order concerning employees of Applus Pty Ltd at the Viva Energy refinery in Corio, Victoria. Applus provides testing, inspection, and certification services to Viva. The union wants to authorise industrial action including stoppages of work and bans on overtime/callbacks. Applus didn't object but requested an extended notice period for any protected action. A fire at the Mogas plant in April 2026 has increased pressure on fuel supply and requires extensive damage assessment by Applus. Mobilising replacement workers from other locations would be difficult due to logistical challenges, specialised skills needed, and regulatory requirements.
What was decided
The Fair Work Commission granted the protected action ballot order as sought by the AMWU. However, it included a clause addressing safety and emergency events, allowing Applus to direct employees engaged in industrial action to perform necessary work under specific conditions. Applus' request for an extended notice period was denied. The Commission found that the safety and emergency event clause adequately addressed Applus’ concerns about maintaining essential operations during potential industrial action.
What it means for employers
Employers relying on specialised services, particularly in high-risk industries like oil refining, should consider the logistical challenges of securing replacement workers during industrial action. Clear communication protocols and contingency plans are crucial for managing safety and regulatory obligations when facing potential disruptions. The Commission's decision highlights the importance of addressing safety concerns through specific clauses within protected action orders.
What it means for employees
Employees considering industrial action should be aware that employers can include clauses in ballot orders to ensure essential safety and emergency work continues. Union members should understand the conditions under which they may be directed to perform work during industrial action, as outlined in the order’s safety and emergency events clause.
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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 →