Application by CFMEU (105N)
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU), through its Maritime Union of Australia Division, applied for a protected action ballot order. The application concerned employees of Tasmanian Ports Corporation Pty Ltd T/A Tasports. The union and employer were attempting to reach an agreement. Tasports did not object to the application.
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). Voting must close by 8 September 2026. A compulsory conciliation conference will be held to facilitate negotiations. The Commission was satisfied that the requirements of section 443(1) of the Fair Work Act 2009 were met.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions. Failure to object to a ballot application, as Tasports did, does not preclude the union from proceeding with protected action if other requirements are met.
What it means for employees
Employees may have the opportunity to vote on a protected action ballot if bargaining with their employer is ongoing. This allows them to potentially take industrial action to resolve disputes.
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