Application by CFMEU (105N)
Citation: [2026] FWC 2451
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 Newcastle Coal Infrastructure Group Pty Ltd. Initially, Newcastle Coal raised concerns about technical aspects and proposed ballot questions but later didn't object after amendments were made by the CFMEU. Glen Williams, Newcastle Branch Secretary, declared that genuine bargaining efforts had been undertaken.
What was decided
The Fair Work Commission granted an amended application for a protected action ballot order. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent. Voting must close by 14 July 2026, establishing the ballot period. A separate order was issued (PR811560). Another Commission Member will conduct a compulsory conciliation conference to facilitate negotiations for the proposed enterprise agreement.
What it means for employers
Employers should ensure they address any technical concerns promptly when dealing with union applications and be prepared to engage in genuine bargaining. Failing to do so can lead to ballot orders being granted, potentially impacting industrial relations processes.
What it means for employees
Employees may have the opportunity to vote on a protected action ballot regarding an enterprise agreement. This allows them to express their views and potentially take industrial action if negotiations are unsuccessful. A conciliation conference will be held to try and reach an agreement.
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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 →