Application by CFMEU (105N)
Citation: [2026] FWC 3276
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 Port of Portland Pty Limited. The CFMEU and Port of Portland were in bargaining negotiations for a proposed enterprise agreement. The employer did not object to the application, and a minor inconsistency was amended. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS).
What was decided
The Fair Work Commission granted the CFMEU’s application for a protected action ballot order. The Commission was satisfied that the requirements of section 443(1) of the Act were met. The ballot will close on 11 September 2026, a period of 14 calendar days. A compulsory conciliation conference will be held, and directions may be issued to facilitate negotiations. A separate order was issued (PR813750).
What it means for employers
Employers should be aware of the process for enterprise bargaining and the potential for employees to seek protected action ballot orders. It's important to engage in genuine bargaining and address any inconsistencies in applications promptly.
What it means for employees
Employees should be aware of their rights to engage in protected industrial action through a ballot process. The union will conduct a ballot, and a conciliation conference will be held to facilitate negotiations.
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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