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FWCFair Work Commission · 30 December 2025

Application by Transport Workers' Union of Australia (179V)

Citation: [2026] FWC 3104

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. The application concerned employees of Team Global Express Pty Ltd. Initially, the Commission noted inconsistencies in the application, which the TWU subsequently amended. Team Global Express did not object to the application.

What was decided

The Fair Work Commission granted the TWU leave to amend the application and determined that all requirements of section 443(1) of the Act were met. Fair Vote Services Pty Ltd will conduct the ballot, which must close by August 31, 2026. A separate order was issued (PR813302). The Commission will also conduct a compulsory conciliation conference and issue directions to facilitate negotiations.

What it means for employers

Employers should ensure bargaining applications are clear and consistent. Failure to object to an application does not automatically mean approval will be granted. Employers must be prepared for compulsory conciliation conferences and potential directions to facilitate negotiations.

What it means for employees

Employees should be aware of the process for protected action ballots and the role of the Fair Work Commission in facilitating enterprise bargaining. The ballot period will run until August 31, 2026.

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enterprise-agreementgeneral-protectionsprotected-action

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3104.pdf

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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

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