Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 3253
What happened
The Transport Workers' Union of Australia applied to the Fair Work Commission to extend the 30-day period for industrial action authorized by a protected action ballot. The ballot was held in relation to matter B2026/810 and declared on July 28, 2026. Cleanaway Operations Pty Ltd did not object to the application.
What was decided
The Fair Work Commission granted the Transport Workers' Union’s application to extend the 30-day period for industrial action by a further 30 days. The extension is effective from August 27, 2026. The Commission found the requirements of section 459(3) of the Fair Work Act 2009 were met.
What it means for employers
Employers should be aware of the possibility of applications to extend the period for protected industrial action. They should engage with unions and consider the reasons for such applications. Failure to respond to such applications may result in the extension being granted by default.
What it means for employees
Employees should be aware that the period for industrial action can be extended, potentially allowing for further negotiations or 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