Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2816
What happened
The Transport Workers' Union of Australia (TWU) applied for a protected action ballot order concerning employees of K&S Freighters Pty Ltd. Negotiations are underway to replace the existing K&S Freighters WA Transport Workers’ Enterprise Agreement 2023. The TWU claims it has been genuinely trying to reach an agreement with K&S. K&S did not object to the application.
What was decided
The Fair Work Commission granted the TWU's application for a protected action ballot order under section 437 of the Fair Work Act 2009. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by August 17, 2026. A compulsory conciliation conference will be scheduled to facilitate negotiations for a new enterprise agreement.
What it means for employers
Employers should ensure they engage in genuine bargaining when negotiating enterprise agreements. Failure to do so could lead to union applications for protected action ballots, disrupting operations and potentially impacting employee relations. It is important to document all steps taken during the negotiation process.
What it means for employees
Employees may have the right to take protected industrial action if negotiations for a new enterprise agreement stall. The ballot process allows employees to express their views and potentially influence the outcome of 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 →