Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 2914
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 Lactalis Australia Pty Ltd. The union and another, the United Workers Union, are seeking approval for a protected action ballot regarding a proposed enterprise agreement. Lactalis did not object to the application. A Regional Organiser for the TWU declared that the union has been genuinely trying to reach an agreement with Lactalis.
What was decided
The Fair Work Commission granted the TWU’s application for a protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, which is an approved ballot agent. Voting must close by 17 August 2026. A separate order (PR812790) has been issued and another Commission Member will conduct compulsory conciliation to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Failure to do so could lead to union applications for protected action ballots, potentially disrupting operations.
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 potentially take industrial action if negotiations are unsuccessful.
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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 →