Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 3178
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This related to employees of CSL Limited. Another union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), also made a similar application. CSL initially objected to the AMWU's application but later withdrew its objection. The AMWU stated it had been genuinely trying to reach an agreement with CSL.
What was decided
The Fair Work Commission granted the AMWU's application for a protected action ballot order. The ballot will be conducted by Vero Engagement & Voting Solutions Pty Ltd, an approved ballot agent. Voting must close by 3 September 2026. A compulsory conciliation conference will be scheduled to facilitate negotiations regarding the proposed enterprise agreement. The Commission determined that all requirements under section 443(1) of the Act were met.
What it means for employers
Employers should ensure they engage constructively in enterprise bargaining negotiations. While an employer can object to a ballot application, withdrawing the objection avoids further legal action. Employers should be prepared for compulsory conciliation conferences and meaningful negotiations.
What it means for employees
Employees should be aware of their rights regarding enterprise bargaining and protected action. The AMWU will conduct a ballot to determine if protected action is supported.
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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