Application by Transport Workers' Union of Australia (179V)
Citation: [2026] FWC 3260
What happened
The Transport Workers' Union of Australia (TWU) applied for a protected action ballot order concerning employees of Concrite Pty Ltd. The application sought approval for a ballot to be conducted regarding a proposed enterprise agreement. Concrite initially raised objections to the ballot questions, but the parties later reached an agreement on the wording. a union official declared the union had been genuinely trying to reach an agreement with the employer.
What was decided
The Fair Work Commission granted the TWU’s application for a protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by 10 September 2026. A compulsory conciliation conference will be held by another Commission Member to facilitate negotiations. The Commission was satisfied that all requirements under section 443(1) of the Fair Work Act 2009 were met.
What it means for employers
Employers should engage constructively in bargaining with unions. While objections can be raised, finding common ground and reaching agreement on ballot questions can expedite the process. Failing to do so can lead to formal applications and compulsory conciliation.
What it means for employees
Employees have the right to engage in protected industrial action through a properly conducted ballot. The union has taken steps to ensure the ballot process meets legal requirements. Affected employees should participate in the ballot and be prepared for a conciliation conference.
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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