Application by Mining and Energy Union (301V)
Citation: [2026] FWC 3202
What happened
The Mining and Energy Union (MEU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of Premier Coal Pty Ltd. The application concerns a proposed enterprise agreement. The Australian Manufacturing Workers’ Union (AMWU) has a separate, related application. Premier Coal objected to the ballot questions and the ballot agent’s discretion. The MEU opposed changes to the order.
What was decided
The Fair Work Commission (FWC) decided to grant the protected action ballot order sought by the MEU. The Commission found a valid application was made and the requirements of the Fair Work Act were met. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent. Voting must close by 7 September 2026. A compulsory conciliation conference will be scheduled.
What it means for employers
Employers should ensure bargaining processes are well-documented and that any objections to union applications are clearly articulated. The FWC considers the steps taken to reach agreement when deciding on protected action ballot orders.
What it means for employees
Employees should be aware of the process for protected action ballots and the role of unions in enterprise bargaining. The ballot period will run until 7 September 2026.
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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