Fair Work Act 2009

s.437 - Application for a protected action ballot order

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 acting through the Maritime Union of Australia branch (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] I note that the CFMEU, acting through its Construction and General Division, has made an earlier application for a protected action ballot order in relation to the same proposed enterprise agreement, and the Order was granted.[1] The compulsory conciliation conference required in that matter has already been conducted.

• [3] On 21 August 2025, the Commission was advised that Pilbara Ports did not, in effect, object to the Application if amended following discussions between the parties. The CFMEU advised the Commission a consent position had been reached between the parties.

• [4] In the circumstances, I have decided to grant leave to amend the 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 Joel O'Brien, 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.

• [6] 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.

• [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 9 September 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR790943.

• [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.

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

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