Application by Australian Municipal, Administrative, Clerical and Services Union (052V)
Citation: [2026] FWC 3268
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This application related to employees of Sydney Water Corporation. Sydney Water did not object to the application, though initial inconsistencies were identified and later addressed by the Applicant. The Applicant was attempting to reach an agreement with Sydney Water Corporation.
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 10 September 2026. A compulsory conciliation conference will be held to facilitate negotiations between the Applicant and Sydney Water Corporation. A separate order was issued as PR813725.
What it means for employers
Employers should ensure they are prepared to engage constructively in bargaining processes with unions. Any objections to union applications should be raised promptly and clearly, as failure to do so can lead to a ballot order being granted.
What it means for employees
Employees should be aware of their rights to engage in protected industrial action if bargaining with their employer reaches an impasse. The Applicant will conduct a ballot to determine if members support taking protected 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