Bulletin 5 - Information for union members - issued 13 February 2026
Protected industrial action ballot
On 10 February 2026 the Fair Work Commission (FWC) made an order pursuant to s.443 of the Fair Work Act 2009 (the FW Act) for the United Workers Union (UWU) to hold a protected action ballot of members covered by the Correctional Officer (NTPS) 2021-2025 Enterprise Agreement.
The ballot is to be conducted by Fair Vote Services over the period 17 February 2026 to 6 March 2026 and UWU members will receive ballots. If the ballot is successful, members of UWU can take the protected industrial action proposed. Employees who are not UWU members are not eligible to vote, will not receive a ballot and cannot participate in protected industrial action.
The timeline for the ballot has been generated in accordance with s.451 of the Act as below:
| Action | Date and Time (ACST) |
|---|---|
| Notice of ballot distributed to employees | Monday 16 February |
| Distribution of instruction sheet | Tuesday 17 February, 9am |
| Ballot commencement | Tuesday 17 February, 10am |
| Close of ballot | Friday 6 March, 5pm |
| Declaration of results | Friday 6 March, 7pm |
Fair Work Act Requirements
Please note that under the FW Act, the employer is legally required to deduct payment to a member who engages in protected industrial action, for the total duration of the industrial action taken. In relation to other approved actions (i.e. action that affects a particular activity or part of the day), a reduction to salary will be calculated in accordance with the FW Act, noting a Bulletin will be issued advising of the proportion of pay to be deducted.
More information
More information is available at Office of the Commissioner for Public Employment website. Further information on bargaining and the FW Act can be obtained at Fair Work Commission website or you can contact the Fair Work Commission information line on 1300 799 675.
Nicole Hurwood
Commissioner for Public Employment
13 February 2025