Application by CFMEU (105N)
Citation: [2026] FWC 3076
What happened
The CFMEU applied for a protected action ballot order under the Fair Work Act 2009. This application relates to employees of Ventia Australia Pty Ltd. The CEPU also made a separate, related application. Ventia did not object to the amended application, which included a caveat to a proposed ballot question. The CFMEU claims it has been genuinely trying to reach an agreement with Ventia.
What was decided
The Fair Work Commission granted the CFMEU’s application for a protected action ballot order. The ballot will be conducted by the Australian Electoral Commission (AEC), with voting closing on 24 September 2026. The Commission amended the application to reflect an agreed position between the parties. A separate order was issued (PR813198) and a compulsory conciliation conference will be held by another Commission Member.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Failing to do so could lead to applications for protected action ballots, potentially disrupting operations and impacting employee relations. Early engagement and addressing concerns proactively can help avoid such applications.
What it means for employees
Employees may have the right to take protected industrial action if bargaining with their employer fails to reach an agreement. Union members should be aware of the ballot process and the opportunity to participate in shaping the terms of their enterprise agreement.
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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