Fair Work Act 2009

s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of DP World Australia Limited

• [1] This is an application by the Australian Maritime Officers' Union (AMOU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of DP World Australia Limited (DP World or Employer).

• [2] On 11 August 2025 the Commission was advised that the Employer in effect, did not object to the Application if amended to correct various inconsistencies between the AMOU's application and the draft orders, and to 'correct' the details of the bargaining to date. Ultimately, the AMOU provided an amended application and some further material including to clarify the bargaining process and the employees to be balloted.

• [3] An issue also arose about the correct employer entity. The application originally cited the Employer as 'DP World Australia Limited' with an associated ABN. That ABN correlated to a different (probably related) DP World entity. The Employer confirmed that the correct employing entity was DP World Australia Limited and provided an associated confirming ABN. The AMOU subsequently proposed that the employer be cited as 'DP World Australia Pty Ltd'. Noting that both of the proposed names had been used in related proceedings and that the ABN appeared to confirm the entity now cited in this decision, the Commission provided an opportunity for both parties to provide additional material. The parties were also advised that it was minded to cite the entity name as DP World Australia Limited, in the absence of any such material. Nothing further was provided, and I have adopted the entity set out in the original application and confirmed by the Employer.

• [4] In the circumstances, I have decided to amend the application to reflect the amended AMOU application and determine the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declaration of Chris Neiberding, Senior Industrial Officer, setting out the steps taken by the AMOU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with DP World, 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.

• [6] 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 consequently is authorised to conduct the ballot.

• [7] 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 1 September 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
• [8] An Order has been separately issued in PR790549.

• [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, 14 working days from the making of the Order and was the period sought in the application.

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