s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of K. & S. Freighters Pty. Ltd. - non-AEC ballot agent electronic voting

[1] This is an application by the Transport Workers' Union of Australia (TWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of K. & S. Freighters Pty. Ltd. (K & S or Employer). The Commission understands that the parties are bargaining for an enterprise agreement to replace the K&S Freighters Pty. Ltd. Transport Employees (Melbourne Full Load) Union Collective Agreement 2022.

[2] On 19 January 2026, the Commission was advised that the Employer, in effect, did not object to the Application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Hakan Demirel, Union Official, setting out the steps taken by the TWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with K & S, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

[5] The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

• [6] For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 5 February 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] An Order has been separately issued in PR795959.

[8] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[1] This is, in effect, 12 working days from the making of the Order and was the date sought in the application.

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