Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 3075
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This related to employees of Ventia Australia Pty Ltd. The CFMEU also made a separate application concerning the same proposed enterprise agreement. Ventia did not object to the application in an amended form, with an agreement reached regarding a caveat to a ballot question.
What was decided
The Fair Work Commission granted the CEPU’s application for a protected action ballot order. The Commission was satisfied that a notification time existed for the proposed agreement and that all requirements of section 443(1) of the Fair Work Act were met. The Australian Electoral Commission (AEC) will conduct the ballot, with voting closing on 24 September 2026. A separate order was issued (PR813196) and a compulsory conciliation conference will be held.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Reaching agreements on ballot questions and consenting to ballot orders can streamline the process. Failure to do so may lead to applications and potential industrial action.
What it means for employees
Union members should be aware of the process for enterprise agreement negotiations and protected action ballots. The ballot will allow employees to vote on whether to take protected industrial action.
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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