Application by United Workers' Union (108V)
Citation: [2026] FWC 3150
What happened
The United Workers' Union (UWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of Bega Dairy and Drinks Pty Ltd. The Transport Workers’ Union of Australia (TWU) also made a separate application for the same proposed agreement. Jamie Zalenski, an Organiser for the UWU, declared that genuine bargaining efforts had been made with Bega.
What was decided
The Fair Work Commission granted the UWU’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 433(1) of the Act were met. Fair Vote Services Pty Ltd will conduct the ballot. The voting period will close on 2 September 2026. A separate order was issued (PR813410) and a compulsory conciliation conference will be held by another Commission Member.
What it means for employers
Employers should be aware of the process for enterprise bargaining and the potential for union applications for protected action ballots. Addressing concerns raised by unions promptly and engaging in genuine bargaining can help avoid delays and potential industrial action. Initial objections can be resolved through amendments to applications.
What it means for employees
Employees should be aware of their rights to engage in protected industrial action as part of enterprise bargaining. The ballot process allows employees to have a say in whether to proceed with industrial action to achieve better terms and conditions.
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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