Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 3041
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 related to employees of H.J. Heinz Company Australia 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. The ballot will be conducted by Fair Vote Services Pty Ltd.
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. Voting must close by August 26, 2026. A separate order has been issued (PR813104). A compulsory conciliation conference will be held 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 union applications for protected action ballots, potentially disrupting operations and impacting productivity. The employer’s lack of objection facilitated a swift resolution in this case.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to express their views on the terms and conditions of employment. Unions are able to pursue protected action ballots when bargaining fails.
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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 →