Application by CFMEU (105N)
Citation: [2026] FWC 2945
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for a protected action ballot order. This relates to bargaining for a new agreement with Mammoet Australia Pty Ltd. The union was represented by the Applicant. Initially, the Respondent objected to the application, but later withdrew their objection. The proposed ballot would cover employees of Mammoet who are either members of the CFMEU or bargaining representatives.
What was decided
The Fair Work Commission granted the CFMEU’s request for a protected action ballot order under section 437 of the Fair Work Act 2009. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent. Voting must close by September 1, 2026. A compulsory conference is scheduled after the ballot to facilitate further negotiations. An order was also issued separately as PR812859.
What it means for employers
Employers should be aware of the process for negotiating enterprise agreements and the potential for union-led protected action ballots. Initially objecting to a ballot application, then withdrawing that objection, can impact proceedings.
What it means for employees
Employees covered by the proposed agreement should participate in the upcoming ballot. A post-ballot conference will be held to continue negotiations with the employer.
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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 →