Application by CFMEU (105N)
Citation: [2026] FWC 3101
What happened
The CFMEU applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application related to employees of Boom Logistics Ltd. The CFMEU and Boom Logistics had been bargaining for an enterprise agreement. Boom Logistics did not object to the application. Michael Sinclair Chaplin, an Organiser for the CFMEU, declared the steps taken in bargaining and the genuine effort to reach an agreement.
What was decided
The Fair Work Commission granted the CFMEU’s application for a protected action ballot order. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent. Voting must close by August 27, 2026. A separate order (PR813291) was issued. A compulsory conciliation conference will be held to facilitate negotiations, with directions likely to ensure parties attend prepared for meaningful discussions.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions when negotiating enterprise agreements. Failure to do so could lead to applications for protected action ballots, potentially disrupting operations and impacting employee relations. The Commission will assess whether parties are genuinely trying to reach an agreement.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot. This allows them to express their views on the agreement and potentially influence the bargaining process. A compulsory conciliation conference will be held to try and reach an agreement.
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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