The attached document replaces the document previously issued with the above code on 11 September 2025.

Remove the word 'working' from the footnote reference.

[2025] FWC 2708

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Construction, Forestry and Maritime Employees Union

Fremantle Port Authority Trading AS Fremantle Ports

Proposed protected action ballot of employees of Fremantle Port Authority

• [1] This is an application by the Construction, Forestry and maritime Employees Union (CFMEU) made under s.437 of the Fair Work Act 2009 (FW Act) for a protected action ballot order in relation to certain employees of Fremantle Port Authority (Fremantle Ports).

• [2] On 9 September 2025, the Fair Work Commission (FWC) was advised that the Fremantle Ports, in effect, does oppose to the Application.

• [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 declaration of Jeff Cassar, Assistant Branch Secretary, outlining the steps taken by the CFMEU in bargaining with the Fremantle Ports and that it has been, and is, genuinely trying to reach agreement with Fremantle Ports, 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 FW 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 FW Act and consequently is authorised to conduct the ballot.

• [6] For the purposes of s.443(3)(c) of the FW Act, the FWC has determined that the date by which voting is to close is 2 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the FW Act.

• [7] An Order has been separately issued in PR791669.

• [8] This matter will be listed for an in person s.448A compulsory conciliation conference. A Notice of Listing will be issued to the parties requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[1] This is, in effect, 21 days from the making of the Order and was the period sought in the application.

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