Application by CFMEU (105N)
Citation: [2026] FWC 3235
What happened
The CFMEU applied for a protected action ballot order under the Fair Work Act 2009, concerning employees of the Australian Capital Territory (ACT). APESMA also made a similar application. The ACT didn't object to the ballot but expressed concerns about the scope of potential industrial action, particularly regarding patient, client, community, and staff safety. The CFMEU demonstrated genuine attempts at bargaining with the ACT. TrueVote Pty Ltd will conduct the ballot.
What was decided
The Fair Work Commission granted the CFMEU’s application for a protected action ballot order. The ballot will be conducted by TrueVote Pty Ltd, and voting must close by 8 September 2026. The Commission determined that all requirements under section 443(1) of the Fair Work Act were met. A separate member will conduct a compulsory conciliation conference to facilitate negotiations. A separate order was issued in PR813614.
What it means for employers
Employers should be aware of the potential for employees to seek protected action ballots during enterprise bargaining. It's important to engage in genuine bargaining and consider the potential impact of proposed industrial action on operations and safety.
What it means for employees
Employees have the right to engage in protected industrial action as part of enterprise bargaining. The ballot process allows employees to express their views and potentially influence the outcome of negotiations.
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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