A recent Fair Work Commission decision highlights the vulnerabilities of informal voting methods—and why independent third-party ballot providers are strongly recommended.
In AMIEU v V & V Walsh Meat Processors and Exporters [2025] FWC 3805 , the Fair Work Commission (FWC) considered whether a majority of employees on a sheep processing floor wanted to bargain for an enterprise agreement under s.236 of the Fair Work Act.
The union relied on a petition to demonstrate majority support. After reconciling the unredacted petition against the employer’s employee list, the Commission found that 42 out of 72 employees (58%) had signed.
The employer objected on several grounds, including:
- The absence of “independently verified” evidence of majority support
- Concerns that migrant employees did not understand what they were signing
- Allegations that employees were told signing would result in a pay increase
- Claims that some employees later wished to withdraw their support
The Commission rejected those objections and made a Majority Support Determination (MSD).
While the employer was unsuccessful, the case exposes important vulnerabilities in informal or non-independent voting methods—particularly where there is no secure, independently administered system in place.
The Commission determined that:
- The reconciled petition demonstrated majority support (58%).
- The petition was confidential and did not need to be disclosed to the employer.
- Allegations of misinformation or coercion must be supported by evidence.
- It would not be appropriate to individually question employees about their support.
- Commercial inconvenience or cost is not a valid basis to refuse bargaining.
Importantly, the Act allows the Commission to determine majority support “using any method the FWC considers appropriate.” That flexibility means petitions and other informal mechanisms can be accepted as evidence.
However, flexibility in method does not eliminate the practical and legal risks that arise when voting processes are not independently controlled or securely administered.
The Vulnerabilities of Non-Independent Voting Methods
This case highlights several recurring risks:
1. Limited Transparency and Auditability
Where a petition or ballot is organised by one bargaining party, there may be:
- No independent oversight
- No audit trail
- Limited verification of voter identity
- Unclear controls against duplicate or ineligible participation
In this matter, the Commission conducted its own reconciliation exercise. Without that step, the strength of the evidence may have been significantly weaker.
2. Confidentiality vs Accountability
Confidentiality protects employees from pressure—but it also restricts the employer’s ability to test allegations of misinformation or misunderstanding.
If a voting process is not independently administered, disputes can quickly become evidentiary contests with limited transparency.
3. Language and Comprehension Risks
In workplaces with multilingual cohorts, informal petition processes create heightened risks:
- Employees signing without fully understanding the purpose
- Misinterpretation of what bargaining may achieve
- Cultural or hierarchical pressures
- Later claims that consent was not informed
Even where such claims ultimately fail, they can delay bargaining, increase legal costs, and damage workplace trust.
4. Perception of Pressure or Coercion
A non-independent process increases the likelihood of post-vote disputes, including:
- Allegations of misleading statements
- Claims of coercion
- Reputational harm
- Bargaining breakdowns
Process integrity is often as important as legal compliance.
Why Independent Third-Party Balloting Providers Are Strongly Recommended
Although not required for majority support petitions, independent third-party ballot providers are highly recommended—particularly for enterprise agreement votes and other formal workforce ballots.
Properly selected and managed, independent providers can:
- Verify voter identity against payroll records
- Ensure only eligible employees participate
- Maintain secure and confidential voting systems
- Provide an auditable trail of participation and results
- Issue scrutineer reports
- Reduce allegations of bias, coercion or manipulation
- Strengthen the defensibility of the outcome if later challenged
In practical terms, independent administration removes doubt. It protects employees, unions and employers alike.
For employers, the strategic value is significant. A secure, independently administered ballot can substantially reduce:
- Risk of challenge in the Fair Work Commission
- Delay in agreement approval
- Claims of misleading conduct
- Reputational exposure
- Breakdown of trust in the bargaining process
In short, while informal methods may satisfy minimum legal requirements in some contexts, they often create avoidable risk.
Key Takeaways
- The Fair Work Commission may accept informal methods, including petitions, to determine majority support.
- Employers face evidentiary challenges when disputing confidential voting processes.
- Informal or non-independent methods increase compliance, reputational and strategic risk.
- Multilingual workplaces require heightened care to ensure informed participation.
- Independent third-party ballot providers are strongly recommended to ensure transparency, security and defensibility.
Protect Your Ballot Process with Confidence
Majority support disputes often arise not because of the outcome, but because of how the process was conducted. Informal or internally managed voting methods can leave employers exposed to unnecessary challenges, delays, and reputational risk.
At IRBLOTS, we help employers run simple, secure, and compliant workforce ballots with independent oversight, identity verification, and full audit trails. Our systems are designed to strengthen process integrity and protect outcomes from challenge.
Planning an enterprise agreement vote or workforce ballot? Partner with IRBLOTS to ensure your process is transparent, defensible, and stress free. Request a quote or contact us today to get started.
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