Understanding the Qube Protected Action Ballot Order: What It Means for Workers, Bargaining Power, and Employers

The Fair Work Commission has issued an important decision concerning the Transport Workers’ Union (TWU) and Qube Logistics (SL) Pty Ltd, granting a protected action ballot order under sections 437 and 443 of the Fair Work Act 2009.

Although these decisions are procedural by nature, they play a critical role in shaping the balance of bargaining power during enterprise agreement negotiations. For workers, they represent a formal gateway to the lawful exercise of industrial pressure.

For employers, they impose significant compliance and transparency obligations while signalling that negotiations have reached a point where workers may seek to escalate their campaign.

This order authorises the TWU to conduct a protected action ballot for employees who will be covered by a proposed enterprise agreement at Qube. The ballot will be managed electronically by Vero Voting, and will close on 31 December 2025. The questions put to workers cover a broad range of potential actions, including stoppages of varying duration, bans on overtime, limits on mobile phone use for business purposes, and other work restrictions. These questions reflect the structured way industrial action must be defined before workers can lawfully take it.

The decision offers a clear illustration of how the process operates in practice—and why it is so important for both workers and employers within Australia’s enterprise bargaining system.

1. What a Protected Action Ballot Order Actually Does

A protected action ballot order does not authorise industrial action itself. It authorises workers to vote on whether they want to approve specific forms of industrial action in support of reaching an enterprise agreement. Only action that is endorsed through a valid ballot, and taken strictly in accordance with the Act, may attract the statutory protections associated with protected industrial action.

In this decision, the Commission identifies:

• the group of employees eligible to vote (those to be covered by the agreement and represented by the TWU);

• the external provider authorised to run the ballot;

• the closing date of the ballot; and• the precise questions that will appear.

The ballot encompasses a wide range of potential actions, from short stoppages to 24-hour strikes and administrative work bans. The inclusion of multiple options allows workers to express their preferred level of industrial pressure in the bargaining process.

For workers, this is a crucial step.

It shifts the negotiation dynamic by signalling that collective action is being contemplated. It also ensures transparency and democratic input from the workforce, rather than action being imposed without their endorsement.

2. Obligations Placed on the Employer

Once the Commission issues a protected action ballot order, employers face several mandatory compliance requirements. In this case, Qube Logistics must provide the ballot agent with a complete and accurate list of all employees eligible to vote.

The list must be provided in a precise format, including each employee’s:

• name,

• date of birth,

• contact details, and

• postal address.

A declaration must accompany the list, confirming that the employer reasonably believes the information to be complete and accurate, consistent with Regulation 3.15 of the Fair Work Regulations 2009.

Employers must also:

• facilitate ballot-related communication by ensuring email systems and networks do not block the voting platform;

• provide updates to the ballot agent regarding employees who cease employment; and

• permit access to technology required for electronic voting.

These obligations are designed to ensure the ballot is fair, secret, and accessible.

For employers, this stage often marks a shift in bargaining tone. It signals that workers are moving from negotiation to potential industrial escalation. Employers must respond carefully, ensuring compliance while considering how to address the underlying issues driving the ballot application.

3. How the Voting Process Works Under This Order

The order authorises electronic voting through a secure online platform. This is increasingly common and reflects modern workplace realities.

The agent must issue each eligible voter:

• a unique identification password,

• instructions for voting,

• the ballot website address,

• notifications via email or SMS where possible, and

• postal instructions for those without electronic contact details.

Electronic voting supports accessibility, ensures integrity, and reduces administrative barriers. The secrecy of the ballot is fundamental; workers must be free to vote without fear of reprisal or influence.

The agent’s responsibilities include:

• maintaining the roll of voters;

• ensuring only eligible voters can participate;

• allowing each voter to cast one vote;

• conducting the count; and• reporting participation rates and results to the parties and the Commission.

This independent oversight enhances worker confidence in the legitimacy of the process.

Understanding the Qube Protected Action Ballot Order: What It Means for Workers, Bargaining Power, and Employers

4. The Types of Industrial Action Being Put to Workers

The order lists 11 separate questions, each seeking approval for a specific type of protected action. These include:

• unlimited bans or limitations on overtime;

• unlimited bans on using mobile phones, MT Data equipment, and CATSYST equipment for business purposes;

• unlimited work stoppages of increasing lengths—1 hour, 2 hours, 4 hours, 8 hours, 12 hours and 24 hours; and• bans or limitations on the presentation of delivery dockets.

Workers may vote yes or no to each option independently. This ensures that any industrial action taken later aligns precisely with the degree of support expressed by the workforce.

Importantly, workers are not required to take every form of action they vote to approve. The ballot simply authorises the possibility of taking action, if and when the bargaining representative determines it is strategically appropriate.

5. How This Stage Impacts Workers

For workers, a protected action ballot opens a lawful pathway to collective action. If a majority of participating voters approve the action, and all procedural steps are followed, workers can engage in protected industrial action without fear of individual liability.

The ballot strengthens workers’ bargaining position by demonstrating:

• collective resolve;

• democratic endorsement; and

• the capacity to apply pressure should negotiations fail to progress.

It also provides clarity. Workers know precisely what action they are authorising and can make informed decisions about the level of disruption they support.

The process restores a sense of agency in workplaces where negotiations may have stalled or where workers feel their bargaining concerns are not being adequately addressed.

6. How This Stage Impacts Employers

For employers, the granting of a protected action ballot order is often the first formal indication that industrial pressure may escalate. While the employer must comply with the order, it also presents a strategic moment to reassess bargaining progress.

Employers may:

• increase communication with workers;

• reconsider their bargaining position;

• evaluate operational impacts of potential action; and

• prepare contingency plans.

Importantly, the order does not prejudge the merits of the bargaining claims. It is a procedural mechanism ensuring that if industrial action occurs, it does so within the statutory framework. Nonetheless, the issuing of such an order typically reflects that the bargaining process has reached an impasse on key matters.

7. Why the Protected Action Ballot Stage Matters in Australia’s Industrial Framework

The Fair Work Act positions enterprise bargaining as a cooperative process, but acknowledges that power imbalances can occur. The protected action ballot process acts as a democratic and transparent safeguard.

It ensures:

• workers can only take protected action if a majority support it;

• employers receive notice and have the opportunity to plan;

• industrial action remains regulated, proportionate and lawful; and• bargaining representatives are accountable to the workforce.

This stage strengthens the legitimacy of industrial action, making it clear that action is not taken lightly or without a clear mandate.

Conclusion

The decision in TWU v Qube Logistics (SL) Pty Ltd demonstrates how structured and detailed the protected action ballot process is under the Fair Work Act. It reflects a balance between enabling workers to assert their bargaining power and ensuring employers are treated fairly through clear procedural requirements.

For workers, the ballot is a critical democratic tool that allows collective action to be authorised lawfully. For employers, it marks a turning point in negotiations, requiring careful engagement and adherence to statutory obligations.

Ultimately, this part of the bargaining process plays a central role in promoting fairness, transparency and accountability in Australia’s industrial relations system.

Read the full decision HERE