Introduction
You can apply for a protected action ballot order when bargaining for multi-enterprise agreements.
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You can apply for a protected action ballot order when bargaining for the following types of multi-enterprise agreements:
- supported bargaining agreements
- single interest employer agreements.
When we receive an application for a protected action ballot order in relation to these types of multi-enterprise agreements, we must deal with the application as if it were a separate application for each named employer
Depending on the outcome of the ballot at each employer, it may be that industrial action is protected in relation to the employees of one or some of the employers, but not all of the employers named in the application.
In multi-enterprise bargaining, bargaining representatives must give at least 120 hours’ notice before commencing the industrial action.
Example of a protected action ballot order application in multi-enterprise bargaining
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A proposed multi-enterprise agreement will cover 3 employers:
- Employer A
- Employer B
- Employer C
Bargaining has stalled. An employee bargaining representative makes an application for a protected action ballot order.
The application names the employees of employer A and employer B as the groups of employees who are to be balloted.
We are required to deal with this as 2 separate protected action ballot order applications and consider them separately.
We are satisfied the requirements in the Fair Work Act are met and grant a protected action ballot order for Employer A and a protected action ballot order for Employer B. We also order all bargaining representatives from the 3 employers to attend a conference. Although it is not named in the application for a protected action ballot order, Employer C is included in the order to attend the compulsory conciliation conference.
More information
Apply for a protected action ballot order.
Find out more about protected and unprotected industrial action.
Find out more about the timeline of a protected action ballot order.
The Fair Work Commission benchbook also contains more information about multi-enterprise agreements, and the differences between single and multi-enterprise agreements.
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