Application by CFMEU (105N)
What happened
The CFMEU applied for a protected action ballot order under section 437 of the Fair Work Act 2009, concerning employees of ACFS Port Logistics Pty Limited. Initially, ACFS Ports raised concerns about the clarity of the ballot questions but later agreed to the amended application. The union and employer were attempting to reach an agreement through bargaining.
What was decided
The Fair Work Commission granted leave to amend the application and determined the matter on the papers. A protected action ballot order was made, with Democratic Outcomes Pty Ltd (CiVS) approved as the ballot agent. Voting will close on 14 August 2026. A compulsory conciliation conference will be scheduled to facilitate negotiations.
What it means for employers
Employers should ensure clarity in any objections raised regarding union ballots and consider engaging constructively in bargaining processes to avoid formal applications for protected action.
What it means for employees
Employees may have the opportunity to participate in a ballot to determine whether to take protected industrial action as part of enterprise agreement negotiations. Understand the process and deadlines involved.
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