Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2792
What happened
The Transport Workers' Union of Australia (TWU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of K&S Freighters Pty Ltd T/A Chemtrans, concerning negotiations for an enterprise agreement to replace the Chemtrans Brisbane Drivers Enterprise Agreement 2024. The TWU is also negotiating replacement agreements for similar roles in Victoria, Sydney and Port Kembla. Chemtrans did not object to the application.
What was decided
The Fair Work Commission granted a protected action ballot order. The Commissioner was satisfied that genuine bargaining efforts have occurred and all requirements of section 443(1) of the Act were met. Voting will close on August 17, 2026, conducted by Fair Vote Services Pty Ltd. A separate order (PR812488) has been issued, and a compulsory conciliation conference will be held with another Commission member.
What it means for employers
Employers should ensure they engage in genuine bargaining when negotiating enterprise agreements. The Commissioner considers whether parties are making sincere efforts to reach agreement before granting ballot orders. Failure to do so could lead to applications like this being successful, potentially disrupting operations and incurring costs associated with a protected action ballot.
What it means for employees
Employees may have the opportunity to vote on protected industrial action if negotiations for an enterprise agreement stall. The TWU is seeking a single agreement covering multiple locations, which could improve working conditions and pay rates if successful.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2792.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →