Application by The Association of Professional Engineers, Scientists and Managers, Australia (215V)
Citation: [2026] FWC 3339
What happened
The Applicant applied for a protected action ballot order under the Fair Work Act 2009. This relates to employees of Sydney Water Corporation. The Australian Municipal, Administrative, Clerical and Services Union (ASU) also made a similar application. Sydney Water did not object to the Applicant’s application, which was amended after discussions between the parties. Fair Vote Services Pty Ltd will conduct the ballot.
What was decided
The Fair Work Commission granted the Applicant’s application for a protected action ballot order. The Commission was satisfied that there was a notification time and that all requirements of section 443(1) of the Act were met. The ballot will close on September 17, 2026. A compulsory conciliation conference will be held, and directions may be issued to facilitate negotiations. A separate order was issued as PR813905.
What it means for employers
Employers should engage in genuine bargaining with unions and employee representatives. Failure to do so may lead to applications for protected action ballots, which can disrupt operations and impact employee relations. Early engagement and willingness to clarify ballot questions can help streamline the process.
What it means for employees
Employees should be aware of their right to engage in protected industrial action through a ballot process. Unions may initiate these ballots to advance employee interests during enterprise bargaining negotiations. Participation in the ballot is a way for employees to express their views.
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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