Application by Transport Workers' Union of Australia (179V)
What happened
The Transport Workers' Union of Australia (TWU) applied for a protected action ballot order concerning employees of K&S Freighters Pty Ltd. The parties are negotiating to replace the K&S Energy South Australia Tankers Agreement 2024 with a new instrument. The TWU stated 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 with unions when negotiating workplace agreements. Failure to do so could lead to applications for protected action ballots, disrupting operations and potentially impacting employee relations.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to express their views and influence the outcome of negotiations with their employer.
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