Application by CFMEU - The Maritime Union of Australia Division (105N-MUA)
Citation: [2026] FWC 2628
What happened
The CFMEU, through its Maritime Union of Australia Division (MUA), 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). Another union, the Australian Maritime Officers' Union (AMOU), also made a similar application concerning the same proposed enterprise agreement. TasPorts did not object to the MUA’s application.
What was decided
The Fair Work Commission granted the MUA’s application for a protected action ballot order. The Commission was satisfied that there was a notification time and all requirements of section 443(1) of the Act were met. Democratic Outcomes Pty Ltd (CiVS) will conduct the ballot, which must close by July 24, 2026. A separate order was issued in PR811989. A compulsory conciliation conference will be scheduled with another Commission member.
What it means for employers
Employers should ensure they engage genuinely in bargaining processes when negotiating enterprise agreements. Failure to do so may lead to union applications for protected action ballots, potentially disrupting operations and impacting employee relations.
What it means for employees
Employees have the right to bargain collectively through unions. This case demonstrates a process where employees can seek approval for protected industrial action if negotiations fail.
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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