Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 3051
What happened
The Transport Workers' Union of Australia (TWU) applied for a protected action ballot order concerning employees of Bevchain Pty Ltd. The TWU and Bevchain have been attempting to reach an agreement. The union followed required bargaining steps. Bevchain did not object to the application.
What was decided
The Fair Work Commission granted the TWU’s request 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 31, 2026. A compulsory conciliation conference will be scheduled to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions and follow the required notification timelines when negotiating enterprise agreements. Failure to do so may lead to applications for protected action ballots.
What it means for employees
Employees have a right to bargain collectively through their union. This process can lead to a vote on whether to take protected industrial action to achieve agreement with their employer.
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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 →