s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union

Proposed protected action ballot of employees of Cyan Vessel Operations Pty Ltd - non-AEC ballot agent electronic voting

• [1] This is an application by the Construction, Forestry and Maritime Employees Union acting through the Maritime Union of Australia Branch (MUA 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 Cyan Vessel Operations Pty Ltd (Cyan Vessel or Employer).

• [2] On 12 January 2026, the Commission was advised that the parties had reached a consent position in relation to the inclusion of safety arrangements and confirmation of the notice period for the taking of protected industrial action. The Employer does not oppose the application if amended to reflect the consent arrangement.

• [3] In the circumstances, I have decided to amend the application and otherwise determined the matter on the papers without holding a hearing.

• [4] On the basis of the material before me, including the declaration of Jason Campbell, Secretary, setting out the steps taken by the MUA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Cyan Vessel, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently 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 30 January 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [7] An Order has been separately issued in PR795613.

• [8] 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, 13 working days from the making of the Order and was the specific date sought in the application.

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