Application by CFMEU (105N)
Citation: [2026] FWC 2319
What happened
The CFMEU applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application related to employees of Kimberley Ports Authority, trading as Port of Broome. The union and employer were attempting to reach an agreement. The employer did not object to the application. Paul Brett, an Organiser for the CFMEU, declared steps taken in bargaining.
What was decided
The Fair Work Commission granted a protected action ballot order. Democratic Outcomes Pty Ltd (CiVS) will conduct the ballot. Voting must close by 14 July 2026. A compulsory conciliation conference will be held to facilitate negotiations. The ballot period is 21 days from the date of the Order.
What it means for employers
Employers should engage in genuine bargaining with unions and ensure they are aware of any applications for protected action ballots. Failure to object to such an application does not preclude further scrutiny by the Fair Work Commission.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot. This process is designed to facilitate negotiations and potentially lead to improved terms and conditions of employment.
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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