Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2900
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 application related to bargaining for a new agreement with SCT OPCO Pty Ltd, trading as SCT Logistics. The union was supported by a statutory declaration from the Applicant. Initially, the Respondent objected to the application but later withdrew its objection after agreed amendments were made to the proposed order.
What was decided
The Fair Work Commission granted the TWU’s application for a protected action ballot order. The Commissioner found that the TWU had genuinely attempted to reach an agreement with SCT and met all requirements of section 437 of the FW Act. A ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by August 21, 2026. A compulsory conciliation conference is scheduled after the ballot.
What it means for employers
Employers engaging in enterprise bargaining should ensure they are aware of and comply with requirements for protected action ballots. Early engagement and willingness to negotiate amendments can resolve disputes before formal applications are lodged.
What it means for employees
Employees covered by the proposed agreement will have the opportunity to vote in a ballot regarding potential industrial action. The outcome of the ballot may influence negotiations for a new enterprise agreement.
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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 →