Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 3197
What happened
The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (FWC) for an order to conduct a protected action ballot for employees of Premier Coal Pty Ltd. This ballot relates to a proposed enterprise agreement. The Mining and Energy Union (MEU) also made a similar application. Premier Coal raised objections to the application, including concerns about a ballot question and the definition of employees to be balloted. The AMWU sought to amend its application regarding the employee list but opposed changes to the ballot order. Both parties agreed to have the matter decided on the papers.
What was decided
The FWC granted the AMWU's application for a protected action ballot order. The Commission found that the requirements of s.437 of the Fair Work Act 2009 were met. While Premier Coal raised concerns about the ballot question and the Ballot Agent's discretion, the Commission deemed the question sufficiently clear and the discretion clause appropriate. A separate order was issued (PR813512) to reflect the decision. A compulsory conciliation conference will be held to facilitate negotiations for the enterprise agreement.
What it means for employers
Employers negotiating enterprise agreements should ensure ballot questions are clear and unambiguous. They should also be aware of the scope of employees included in ballots and ensure it aligns with the proposed agreement. While the Commission acknowledges some discretion for ballot agents, employers should understand the limitations imposed by the Fair Work Act and regulations.
What it means for employees
Employees should be aware of their right to participate in protected action ballots and understand the nature of the proposed industrial action they are being asked to authorise. The ballot questions should be clear and allow for informed decision-making.
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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