Fair Work Act 2009

s 437 - Protected action

Construction, Forestry and Maritime Employees Union

Proposed protected action ballot of employees of Pilbara Ports Authority.

• [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 Pilbara Ports Authority (Pilbara Ports or Employer).

• [2] On Tuesday 29 July 2025, the Commission was advised that the Employer does not object 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 Mr Joel O'Brien, MUA North West Regional Organiser, 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 Pilbara 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 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 Wednesday 13 August 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 PR790199.

• [8] The parties will receive directions from my Chambers regarding a compulsory conciliation conference under s 448A of the Act.

[1] This is, in effect, 14 calendar days from the making of the Order and was the period sought in the application.

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