Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (188V)
Citation: [2026] FWC 3299
What happened
The Australian Manufacturing Workers' Union (AMWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This application relates to employees of GrainCorp Operations Limited. Another union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), also made a similar application. GrainCorp did not object to the AMWU's application. The AMWU stated it had been genuinely trying to reach an agreement with GrainCorp.
What was decided
The Fair Work Commission granted the AMWU's application for a protected action ballot order. The Commission was satisfied that a notification time existed and that all requirements of section 443(1) of the Act were met. Fair Vote Services Pty Ltd will conduct the ballot. The voting period will close on 14 September 2026. A compulsory conciliation conference will be held, and directions may be issued to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Failure to do so could lead to union applications for protected action ballots, potentially disrupting operations and impacting employee relations.
What it means for employees
Employees should be aware of their rights to engage in protected industrial action through a union. This process involves a ballot and can be a means of pursuing improved terms and conditions of employment.
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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