Application by CFMEU - The Maritime Union of Australia Division (105N-MUA)
Citation: [2026] FWC 2935
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. This application relates to employees of Transdev Sydney Ferries Pty Ltd. The MUA and Transdev had been bargaining over an agreement. Transdev did not object to the amended application. Paul Garrett, Deputy Secretary of the CFMEU, provided a declaration outlining the bargaining steps taken.
What was decided
The Fair Work Commission granted leave to amend the application and determined the matter on the papers. The Commission found that there was a notification time relating to the proposed agreement and that all requirements under section 443(1) of the Act were met. Democratic Outcomes Pty Ltd (CiVS) will conduct the ballot, which must close by August 26, 2026. A separate order has been issued for compulsory conciliation.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions and be prepared to provide clarification when requested by the Commission. Failure to object to an application may not prevent a ballot from proceeding.
What it means for employees
Employees may have the opportunity to vote on a protected action ballot, potentially leading to industrial action if negotiations remain unresolved. The ballot will be conducted by CiVS and must close by August 26, 2026.
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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 →