Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWC 3131
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. The application related to employees of Siemens Ltd. Initially, Siemens raised concerns about personal information being shared for the ballot, but the CEPU amended the application to address these concerns. The employer ultimately did not object to the application.
What was decided
The Fair Work Commission granted leave to amend the application and determined the matter based on submitted documents. The CEPU demonstrated it had been genuinely trying to reach an agreement with Siemens. A protected action ballot order was issued, to be conducted by Vero Engagement & Voting Solutions Pty Ltd. Voting must close by September 1, 2026. A compulsory conciliation conference will be held to facilitate negotiations.
What it means for employers
Employers should be prepared for union applications for protected action ballots. Addressing concerns promptly and engaging constructively with unions can help resolve issues and avoid formal processes. Ensuring compliance with data privacy requirements is also important when conducting ballots.
What it means for employees
Employees may have the opportunity to participate in a protected action ballot as part of enterprise bargaining negotiations. Understand the process and your rights before voting. The ballot will be conducted by an approved agent.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3131.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours. No account, nothing to cancel.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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