Application by Australian Rail, Tram and Bus Industry Union (139V)
Citation: [2026] FWC 2621
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of Pacific National Services Pty Ltd (Pacific National). The union and the Respondent agreed on an extended minimum notice period of five working days for any industrial action. Vero Engagement & Voting Solutions Pty Ltd (Vero Voting) will conduct the ballot.
What was decided
The Fair Work Commission granted the application for a protected action ballot order. It approved an extended notice period of five working days, which both parties agreed to. The ballot will be conducted by Vero Voting and voting must close by July 23, 2026. A compulsory conciliation conference will be held to facilitate negotiations regarding the proposed enterprise agreement.
What it means for employers
Employers should be aware of union requests for protected action ballots. They need to engage constructively in bargaining processes and consider potential agreements on notice periods for industrial action. Failure to do so could lead to formal applications and compulsory conciliation.
What it means for employees
Employees may have the opportunity to vote in a protected action ballot if their union is seeking approval for industrial action. The extended notice period means employees will have more time to prepare for potential disruptions caused by any resulting action.
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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 →