Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 3148
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 Bega Dairy and Drinks Pty Ltd (Bega). Another union, the United Workers’ Union (UWU), made a separate, similar application. Bega initially raised objections to the ballot questions and scope of employees but these were addressed through amendments to the TWU's application.
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 for the proposed enterprise agreement and that all requirements of section 443(1) of the Act were met. The ballot will be conducted by Fair Vote Services Pty Ltd. Voting must close by 2 September 2026. A separate order was issued (PR813406) and a compulsory conciliation conference will be held.
What it means for employers
Employers should ensure they engage constructively in enterprise bargaining negotiations. Addressing concerns raised by unions through amendments to applications can streamline the process. Failing to do so can lead to formal applications and Commission involvement.
What it means for employees
Employees may have the opportunity to vote on a protected action ballot as part of enterprise bargaining negotiations. This allows them to express their views on proposed agreements.
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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