Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2797
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, trading as Chemtrans. The TWU and Chemtrans are negotiating a new enterprise agreement to replace the Port Kembla Chemtrans Drivers Enterprise Agreement 2023. The TWU has also made similar applications for agreements in Brisbane, Sydney, and Victoria, aiming for a single agreement. the Respondent did not object to the application.
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 been made and all requirements of section 437 were met. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by August 17, 2026. A separate order (PR812504) has been issued, and a compulsory conciliation conference will be scheduled with another Commission member.
What it means for employers
Employers should ensure they are genuinely bargaining with unions when negotiating enterprise agreements. Failure to engage in good faith bargaining may lead to applications for protected action ballots. The process involves specific legal requirements that must be met before a ballot can occur.
What it means for employees
Employees have the right to bargain collectively through their union. This application demonstrates the potential for industrial action if negotiations are unsuccessful. Employees should participate in any upcoming ballot and consider the implications of protected 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 →