Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2796
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 a new enterprise agreement to replace the existing Chemtrans Victoria Drivers Enterprise Agreement 2022. The TWU also has separate applications relating to agreements in Brisbane, Sydney and Port Kembla. the Respondent did not object to the application.
What was decided
The Fair Work Commission granted the protected action ballot order. It found that the TWU had met all requirements under section 443(1) of the Act and was genuinely trying to reach an agreement with the Respondent. The ballot will be conducted by Fair Vote Services Pty Ltd, a registered ballot agent. Voting must close by August 17, 2026. A separate order (PR812500) has been issued, and compulsory conciliation is scheduled.
What it means for employers
Employers should ensure they are genuinely bargaining with unions when negotiating enterprise agreements. The Commissioner considers whether parties are making a genuine effort to reach agreement before granting ballot orders. Failure to engage constructively could lead to union action.
What it means for employees
Employees may have the opportunity to vote on protected industrial action as part of negotiations for a new enterprise agreement. This allows them to express their views and potentially influence bargaining outcomes.
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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 →