By The Fair Work Commission has granted the United Workers’ Union a protected action ballot order under section 437 of the Fair Work Act 2009, clearing the way for workers at Bega Dairy and Drinks to vote on whether to take protected industrial action over a proposed enterprise agreement, according to OnNotice.
The electronic ballot closes on 20 November 2026. Deputy President Wright approved the application on the written material without a hearing after the UWU amended its application to clarify points raised by the Commission. Bega Dairy and Drinks did not oppose the revised application. The Transport Workers’ Union had earlier lodged a separate ballot application in matter B2026/1014, while the UWU’s original application was matter B2026/1015, both covering the same proposed agreement.
What a protected action ballot means
A protected action ballot is the legal gateway to lawful industrial action in Australia. Under the Fair Work Act, employees cannot take protected industrial action unless the Fair Work Commission has ordered a ballot and a majority of eligible employees who vote approve it. The ballot is conducted by an approved independent ballot agent, not the employer or the union.
Protected industrial action can include stoppages, bans on overtime, or restrictions on particular tasks. Because the action is protected, employees who participate cannot be sued for breach of contract or face adverse action claims from the employer, provided the action follows the ballot result and meets the notice requirements in the Act.
Why enterprise agreement negotiations reach this point
Enterprise agreements set pay and conditions for a defined group of employees. When an existing agreement reaches its nominal expiry date, a union or employees can initiate bargaining for a replacement. If negotiations stall, a union can apply for a protected action ballot order to give workers leverage.
The fact that Bega did not oppose the application does not mean it supports industrial action. Employers often take a neutral position on the ballot itself because opposing it can prolong the process and create unnecessary friction. The real contest happens at the bargaining table, where the prospect of approved industrial action changes the negotiating dynamic.
What HR and payroll teams should watch
For HR and payroll teams at Bega or any employer facing a protected action ballot, the immediate priority is operational readiness. If employees vote yes and later take protected industrial action, payroll must be prepared to apply the correct treatment to partial work bans and stoppages. Under the Fair Work Act, employers are generally not required to pay employees for periods of protected industrial action, but partial work bans raise more complex questions about whether payment is due for work actually performed.
HR teams should also review their communication plans. The Fair Work Act restricts employers from making false or misleading statements to employees about enterprise bargaining, and there are rules about the timing and content of employer communications once a ballot is under way. Employers should confirm the specific rules with their own advisers, as the Commission can make orders about how a ballot is conducted.
Deadlines and next steps
The electronic ballot closes on 20 November 2026. Once the ballot agent declares the result, the union must wait for the declaration before any protected action can begin. If employees approve the action, the union must give the employer at least three working days’ written notice before taking industrial action, unless the Commission has approved a shorter notice period.
For employers, the period between the ballot result and any action is the window to return to the bargaining table. Many disputes resolve in this window because both sides can now see the level of employee support for action. HR teams should use the time to test whether a revised offer can close the gap.
Common mistakes employers make
One common mistake is treating the ballot as a vote on the enterprise agreement itself. It is not. Employees are voting only on whether to authorise industrial action, not on whether to accept or reject a proposed agreement. A yes vote does not mean industrial action will definitely occur.
Another mistake is assuming that all employees in the bargaining unit will participate in any action. Different groups may take different forms of action at different times, and some may not participate at all. Payroll systems need to handle this variability accurately, especially where employees move between protected action and normal work within the same pay period.
| Stage | Date or timing | What happens |
|---|---|---|
| Ballot order granted | 8 November 2026 | Fair Work Commission approves UWU application |
| Ballot closes | 20 November 2026 | Electronic ballot conducted by approved agent |
| Result declared | After ballot closes | Ballot agent declares outcome |
| Notice period | At least 3 working days | Union must give written notice before action |
Employers should also avoid assuming the ballot process itself changes anything about the existing agreement. The current agreement continues to operate until a new one is approved by employees and the Commission, even if industrial action occurs in the meantime.
Sources: onnotice.com.au
Photo: Destination board at Pontefract bus station seen during the Arriva Yorkshire bus by Mtaylor848, CC BY-SA 4.0
