Application by National Tertiary Education Industry Union (283V)
Citation: [2026] FWC 3264
What happened
The National Tertiary Education Industry Union (NTEU) applied to the Fair Work Commission for a protected action ballot order concerning employees of Deakin University. The NTEU and Deakin University were in bargaining negotiations. Deakin University didn't object to the ballot but wanted to limit the information shared with the ballot agent, True Vote Pty Ltd. The NTEU disagreed with this request. True Vote is an approved ballot agent.
What was decided
The Fair Work Commission approved the NTEU’s application for a protected action ballot order. The Commission found the NTEU had met the requirements of the Fair Work Act. True Vote was confirmed as the ballot agent. The voting period will close on 11 September 2026. The Commission decided against limiting the data provided to the ballot agent, citing potential issues with requests for further information and data disclosure. A separate member will conduct compulsory conciliation.
What it means for employers
Employers seeking to limit information provided to ballot agents during enterprise bargaining negotiations should be aware that the Fair Work Commission may not grant those requests. The Commission considers the practicality and potential for data disclosure when making decisions about data sets.
What it means for employees
Employees should be aware that a protected action ballot is proceeding, allowing for potential industrial action. The ballot will be conducted by True Vote Pty Ltd, and voting closes on 11 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