Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2624
What happened
The Transport Workers' Union of Australia (TWU) applied for a protected action ballot order concerning employees of Cleanaway Operations Pty Ltd. The union aimed to conduct a non-AEC electronic ballot. Initially, the Respondent objected but later withdrew their objections and accepted an amendment to the ballot question regarding work attire with TWU branding. The application was made under section 437 of the Fair Work Act 2009.
What was decided
The Fair Work Commission granted the TWU’s application for a protected action ballot order. The Respondent initially objected but subsequently withdrew their objection and accepted an amended ballot question. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting closes on 28 July 2026. A compulsory conciliation conference will be held to facilitate negotiations.
What it means for employers
Employers should engage constructively in bargaining processes with unions. Withdrawing objections and accepting amendments can streamline the process. Failing to do so may lead to formal applications and Commission involvement.
What it means for employees
Employees have a right to bargain collectively through their union. This case demonstrates how protected action ballots can be initiated when negotiations stall, potentially leading to industrial 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 →