Application by The Australian Maritime Officers' Union (001N)
Citation: [2026] FWC 2487
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application related to employees of Tasmanian Ports Corporation Pty Ltd (TasPorts). The Respondent initially raised concerns about a ballot question but later accepted an amended version. The Applicant stated they had been genuinely trying to reach agreement with TasPorts during bargaining.
What was decided
The Fair Work Commission granted the Applicant’s application for a protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by 16 July 2026. A separate order was issued to schedule a compulsory conciliation conference with bargaining representatives. The Commissioner is satisfied that the requirements of section 443(1) of the Act have been met.
What it means for employers
Employers should ensure ballot questions are clear and unambiguous when responding to union applications for protected action ballots. Early engagement in good faith bargaining can help avoid formal processes like protected action ballots.
What it means for employees
Employees may be able to take protected industrial action if bargaining with their employer reaches an impasse, following a properly conducted ballot process.
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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 →