Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 3252
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order regarding employees of Delfab Engineering Pty Ltd. The union and the employer are negotiating a new enterprise agreement. Delfab initially objected to the application, stating they had agreed to the agreement in principle and had begun paying employees under the proposed agreement. However, a disagreement remains regarding the 'living away from home' allowance. The AMWU is willing to withdraw the application if Delfab agrees to commence the access period related to the draft agreement.
What was decided
The Fair Work Commission (FWC) granted the AMWU's application for a protected action ballot order. The FWC found that the parties had not yet reached agreement on all aspects of the proposed enterprise agreement and that the AMWU had genuinely tried to reach an agreement with Delfab. A ballot will be conducted by Fair Vote Services Pty Ltd, with voting closing on September 9, 2026. The FWC will assign the matter to another member for compulsory conciliation.
What it means for employers
Employers should ensure that all terms of a proposed enterprise agreement are fully agreed upon before claiming an agreement 'in principle'. Failing to resolve all outstanding issues can lead to protected action ballot applications and potential industrial action. Maintaining open communication and addressing employee concerns promptly is crucial.
What it means for employees
Employees should be aware of their right to engage in protected industrial action to achieve a fair enterprise agreement. The union's willingness to withdraw the application if Delfab agrees to the access period demonstrates the potential for negotiation and compromise.
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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