Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 3015
What happened
The Transport Workers' Union of Australia (TWU) applied for a protected action ballot order concerning employees of Goldstar Transport Group Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, relating to enterprise bargaining. Goldstar did not formally object but reserved its rights regarding future industrial action and confirmed ongoing good faith bargaining with the TWU. The union stated it had been genuinely trying to reach an agreement.
What was decided
The Fair Work Commission granted the 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 August 26, 2026. A separate order (PR813035) was issued and another Commission Member will conduct compulsory conciliation to facilitate negotiations for the enterprise agreement.
What it means for employers
Employers should ensure they are genuinely bargaining in good faith during enterprise agreement negotiations. Reserving rights regarding future industrial action is acceptable, but a lack of engagement can lead to applications for protected action ballots.
What it means for employees
Employees have the right to engage their union in enterprise bargaining processes. A ballot order allows employees to consider taking protected industrial action if an agreement cannot be reached through negotiations.
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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 →