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 concerned employees of Toll Transport Pty Ltd. The TWU and Toll had been bargaining for an enterprise agreement. Toll did not object to the amended application. The TWU provided a declaration stating they had been genuinely trying to reach an agreement.
What was decided
The Fair Work Commission granted the TWU’s application for a protected action ballot order. Fair Vote Services Pty Ltd will conduct the ballot, which must close by 2 September 2026. A separate order (PR813411) was issued. A compulsory conciliation conference will be held by another Commission Member to facilitate negotiations for the proposed enterprise agreement.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Failing to do so can lead to applications for protected action ballots, which can disrupt operations and impact employee relations. The Commission will assess whether parties are genuinely attempting to reach an agreement.
What it means for employees
Employees may have the opportunity to vote on a protected action ballot if bargaining for an enterprise agreement is unsuccessful. This allows them to potentially take protected industrial action to advance their interests. A compulsory conciliation conference will be held to try and resolve the dispute.
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