s.437 - Protected action

Construction, Forestry and Maritime Employees Union

Proposed protected action ballot of employees of Newcastle Stevedores Pty Ltd - non-AEC ballot agent electronic voting

• [1] This is an application by the Construction, Forestry and Maritime Employees Union (CFMEU 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 Newcastle Stevedores Pty Ltd (Newcastle Stevedores or Employer).

• [2] On 1 December 2025, the Commission was advised that the Employer, in effect, did not object to the Application, save for in relation to the notice period required to be given before any protected industrial action is taken. That issue was resolved by agreement between the parties in conference on 1 December 2025. The agreement is reflected in paragraph [15] of the Order made.

• [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 Glen Williams, Newcastle Branch Secretary, setting out the steps taken by the CFMEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Newcastle Stevedores, 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 15 December 2025.[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 PR794403.

• [8] This matter is now listed for s. 448A compulsory conciliation conference at the Fair Work Commission in Newcastle at 12pm on 12 December 2025. An Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conciliation conference will be issued by my Chambers along with Directions to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[1] This is, in effect, 14 calendar days from the likely commencement date of the ballot and was the period sought in the application.

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