Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 2926
What happened
The Australian Manufacturing Workers’ Union (AMWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application relates to employees of Regional Rolling Stock Maintenance Company Pty Limited. Another union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), also made a similar application for the same proposed agreement. The employer did not object to the AMWU’s application.
What was decided
The Fair Work Commission granted the AMWU's application for a protected action ballot order. The Commission was satisfied that there was a notification time and all requirements of section 443(1) of the Act were met. The ballot will be conducted by the Australian Electoral Commission (AEC), with voting closing on September 15, 2026. A separate order was issued in PR812813. A compulsory conciliation conference will be held.
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 this application, but the process still requires resources and management attention.
What it means for employees
Employees may have opportunities to vote on proposed enterprise agreements through a protected action ballot. This allows them to express their views on the agreement's terms and conditions. Unions can seek these ballots when bargaining has stalled.
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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