Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2754
What happened
The Transport Workers' Union of Australia (TWU) applied for a protected action ballot order concerning employees of FedEx Express Australia Pty Ltd. The TWU stated they had been genuinely trying to reach an enterprise agreement with FedEx. FedEx did not oppose the application but raised concerns about factual assertions and good faith bargaining, reserving future rights. The Commission identified inconsistencies in the initial application which were subsequently amended by the TWU.
What was decided
The Fair Work Commission granted the TWU’s request for a protected action ballot order under section 437 of the Fair Work Act 2009. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved agent. Voting must close by August 20, 2026. A separate order (PR812364) was issued and a compulsory conciliation conference will be held to facilitate negotiations.
What it means for employers
Employers should ensure they are fulfilling good faith bargaining obligations during enterprise agreement negotiations. They also need to be prepared to address any factual concerns raised by unions or the Commission, and respond appropriately to applications for protected action ballots.
What it means for employees
Employees may have an opportunity to vote on a proposed enterprise agreement through a protected action ballot. This process can help facilitate negotiations between employers and employees’ representatives.
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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 →