Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Institute of Marine and Power Engineers & Australian Maritime Officers' Union

Proposed protected action ballot of employees of Inco Ships Pty Ltd - non-AEC ballot agent electronic voting

[1] This is an application by the Australian Institute of Marine and Power Engineers (AIMPE) and the Australian Maritime Officers' Union (AMOU) (collectively the Applicants) made jointly under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Inco Ships Pty Ltd (Inco Ships or Employer). The Applicants subsequently provided an amended application clarifying certain aspects of the draft order and it is this amended application that is before the Commission.

[2] On 16 March 2026, the Commission was advised that the Employer did not object to the application and acknowledged that the ballot question excluded industrial action that would compromise safety.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declarations of Nathan Niven, Senior National Industrial Officer, AIMPE and Chris Neiberding, Senior Industrial Officer, AMOU, setting out the steps taken by the Applicants in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with Inco Ships, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

[5] The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.

• [6] For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 9 April 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] Having sought clarification from the parties, I have issued the order with a modified clause 3 that better reflects the intention of the parties.

[8] An Order has been separately issued in PR797695.

[9] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[1] This is, in effect, 16 working days from the making of the Order and was the date sought in the application.

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