Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2795
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 Border Express Pty Ltd, concerning negotiations for a new enterprise agreement to replace three existing agreements. The TWU aims to create a single agreement covering multiple sites. Border Express did not object to the application. The ballot will be conducted by Fair Vote Services Pty Ltd.
What was decided
The Fair Work Commission granted the TWU’s application for 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. A separate order (PR812498) has been issued, and a compulsory conciliation conference will be conducted by another Commission member to facilitate negotiations.
What it means for employers
Employers engaging in enterprise bargaining should ensure they are genuinely attempting to reach an agreement with the union. Failure to do so could lead to applications for protected action ballots, potentially disrupting operations and increasing industrial tensions. Maintaining open communication and a willingness to negotiate is crucial.
What it means for employees
Employees should be aware of their right to engage in protected industrial action if bargaining fails. The upcoming ballot will allow employees to vote on whether or not to authorize such action. Participation in the process can influence the outcome of negotiations for improved terms and conditions.
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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