According to onnotice.com.au, employees of DHL Supply Chain (Australia) Pty Limited will vote on whether to take protected industrial action, with voting scheduled to close on 14 October 2026, following a protected action ballot order issued by the Fair Work Commission.
Ballot Order Granted Despite Employer Objection
Deputy President Hampton issued the order in Adelaide on 29 September 2026 in the matter Transport Workers’ Union of Australia v DHL Supply Chain (Australia) Pty Limited (B2026/1323), cited as [2026] FWC 3750. The decision was made on the papers without a hearing, as both parties relied on previously filed material and submissions. DHL objected that the application was premature and unnecessary, citing that bargaining had progressed through 4 meetings and that “steady progress has been made in each meeting” — a claim the Commission acknowledged but did not find dispositive.
The Deputy President determined that the Transport Workers’ Union of Australia (TWU) met all statutory requirements under section 443(1) of the Fair Work Act 2009, including the substantive requirement in subsection (1)(b) — that the union had been, and remained, genuinely trying to reach agreement. He noted this point was “not in dispute” and emphasized that “the making of a PABO application is not of itself, contrary to that objective,” adding there is “no general discretion here and the Commission must apply the statutory requirements.”
This conclusion aligned with precedent from the Full Bench decision in Kuiper Australia Pty Ltd v The Australian Workers’ Union, [2024] FWCFB 378, which held that labeling an application premature does not undermine the applicant’s good-faith bargaining efforts — a principle reinforcing that industrial action may lawfully occur early in negotiations.
Ballot Administration and Timeline
The ballot will be conducted by Fair Vote Services Pty Ltd, an agent approved under section 468A of the Fair Work Act and authorized to run protected action ballots. The closing date of 14 October 2026 corresponds to 10 working days after the order’s issuance on 29 September 2026, matching the period requested in the TWU’s application and satisfying section 448A(2).
The Commission also confirmed that compulsory conciliation — mandated under section 448A(1) — will be ordered before the ballot concludes, requiring attendance of all bargaining representatives for the proposed enterprise agreement. Deputy President Hampton indicated directions would likely be issued to ensure parties attend “ready to conduct meaningful negotiations.” Neither party was found to have breached good faith bargaining obligations.
Minor inconsistencies raised by the Commission were resolved after the TWU amended its application with leave granted. The formal order was issued separately under reference PR814883.
Source: onnotice.com.au
Compiled from international media by the SCI.AI editorial team.
