Application by Australian Municipal, Administrative, Clerical and Services Union (052V)
Citation: [2026] FWC 3231
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application related to employees of Jetstar Airways Pty Limited. Following an amended application, the Respondent did not object. The Applicant stated they had been genuinely trying to reach an agreement with Jetstar.
What was decided
The Fair Work Commission granted the Applicant’s application for a protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by 8 September 2026. One ballot question was amended to ensure it clearly defined the nature of potential industrial action. A separate compulsory conciliation conference will be held.
What it means for employers
Employers should ensure bargaining processes are genuinely conducted and documented. Be prepared to engage constructively with unions and address concerns about the clarity of proposed industrial action.
What it means for employees
Employees should be aware of their rights to engage in protected industrial action if bargaining fails. The ballot process will allow employees to have a say in whether to proceed with industrial action.
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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