Application by CFMEU (105N)
Citation: [2026] FWC 3341
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. The application relates to employees of Flinders Ports Pty Ltd and Flinders Ports Management Pty Ltd. The MUA and Flinders Ports have been attempting to reach an agreement. Flinders Ports did not object to the application. The ballot will be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent.
What was decided
The Fair Work Commission granted the MUA’s application for a protected action ballot order. The Commission was satisfied that the requirements of section 443(1) of the Fair Work Act 2009 were met. Voting will close on 16 September 2026, a period of 14 calendar days. A separate order (PR813912) has been issued, and a compulsory conciliation conference will be held to facilitate negotiations.
What it means for employers
Employers should ensure they engage in genuine bargaining with unions. Failure to do so may lead to union applications for protected action ballots. The Commission will assess whether requirements for a ballot order have been met, based on bargaining efforts.
What it means for employees
Employees may have the opportunity to vote in a protected action ballot if bargaining with their employer is ongoing. This can be a mechanism to influence negotiations and potentially achieve improved terms and conditions.
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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