Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2803
What happened
The Transport Workers' Union of Australia (TWU) applied to the Fair Work Commission for a protected action ballot order. This relates to employees of Border Express Pty Ltd, aiming to replace three existing enterprise agreements with a single new agreement. The TWU had previously made similar applications concerning Border Express in Melbourne and South Australia. Initial inconsistencies in the application regarding the employee group were later addressed by the TWU. Border Express did not object to the application.
What was decided
The Fair Work Commission granted the TWU’s request for a protected action ballot order. 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 (PR812522) was issued and another Commissioner will conduct compulsory conciliation to facilitate negotiations for the new enterprise agreement. Directions are likely to be issued to ensure productive discussions.
What it means for employers
Employers should be aware of union bargaining efforts, particularly when multiple agreements may be consolidated. Engaging constructively in negotiations and addressing any inconsistencies promptly can streamline the process. Failure to object to a ballot application doesn't preclude future involvement or negotiation.
What it means for employees
Employees should understand that a protected action ballot is being conducted as part of enterprise agreement negotiations. This allows for potential industrial action if an agreement isn’t reached. The voting period will run until August 17, 2026.
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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 →