Application by Transport Workers' Union of Australia (179V)
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 related to employees of CEVA Logistics (Australia) Pty Ltd (CEVA). The TWU sought to amend the application, which CEVA did not object to. The union stated they had been genuinely trying to reach an agreement with CEVA. The ballot will be conducted by Fair Vote Services Pty Ltd.
What was decided
The Fair Work Commission granted the TWU’s application for a protected action ballot order. The Commissioner was satisfied that a notification time existed and that all requirements of section 443(1) of the Fair Work Act were met. The ballot will be conducted by Fair Vote Services Pty Ltd, and voting must close by 31 August 2026. A separate order was issued (PR813331) for a compulsory conciliation conference.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions. Failure to do so may lead to union applications for protected action ballots. Respond promptly to Commission requests for clarification and consider the implications of objecting to union applications.
What it means for employees
Employees may have the opportunity to vote on a protected action ballot if bargaining with their employer is unsuccessful. This allows them to consider taking industrial action to achieve their goals.
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