Application by The Australian Maritime Officers' Union (001N) & CFMEU - The Maritime Union of Australia Division (105N-MUA)
Citation: [2026] FWC 2452
What happened
The Applicant and CFMEU applied for a protected action ballot order (PABO) under section 437 of the Fair Work Act 2009. The application relates to employees of RiverCity Ferries Pty Ltd who are covered by the RiverCity Ferries Enterprise Agreement 2022. The unions and the Respondent were attempting to reach an agreement. The ballot would be conducted electronically by Democratic Outcomes Pty Ltd (CiVS).
What was decided
The Fair Work Commission granted the application for a protected action ballot order. The Commissioner was satisfied that there was a notification time relating to the proposed agreement, and all requirements of section 443(1) were met. Voting will close on July 21, 2026. A separate order (PR811563) has been issued, and another member of the Commission will conduct compulsory conciliation.
What it means for employers
Employers should ensure they are genuinely attempting to reach agreement with unions during enterprise bargaining negotiations. Failure to do so could lead to applications for protected action ballots.
What it means for employees
Employees may have the opportunity to vote in a protected action ballot as part of enterprise bargaining processes. This allows them to take industrial action if an agreement cannot be reached.
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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 →