Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 3242
What happened
The Transport Workers’ Union of Australia (TWU) applied to the Fair Work Commission (FWC) to revoke a protected action ballot order. This order, issued on 12 August 2026, related to a dispute with Bevchain Pty Ltd. The ballot was scheduled to close on 31 August 2026. The TWU sought revocation under section 448 of the Fair Work Act 2009.
What was decided
The Fair Work Commission granted the TWU’s application to revoke the protected action ballot order. the Commissioner found that the requirements of section 448 of the Fair Work Act 2009 had been met. This section mandates that the FWC must revoke a protected action ballot order if an application for revocation is made before the ballot closes. The order in B2026/979 was therefore revoked.
What it means for employers
Employers should be aware of the provisions of the Fair Work Act relating to protected action ballots and the possibility of applications for revocation. Understanding the process and potential for changes is crucial for managing industrial action.
What it means for employees
Employees should be informed about any changes to industrial action processes, including the revocation of protected action ballots. This ensures they are aware of their rights and the status of any planned action.
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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