Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2800
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 437 were met. Voting must close by August 17, 2026. A separate order (PR812517) has been issued, and another Fair Work Commissioner will conduct compulsory conciliation to facilitate negotiations.
What it means for employers
Employers should be aware of the requirements for genuine bargaining when negotiating enterprise agreements. The Commission considers whether parties are genuinely attempting to reach an agreement before allowing a protected action ballot order. Failure to engage constructively in bargaining can lead to this type of application being made.
What it means for employees
Employees may have the opportunity to vote on a protected action ballot if negotiations for a new enterprise agreement stall. This allows them to potentially take industrial action to pressure their employer during bargaining.
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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 →