[2025] FWC 2754

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Maritime Officers' Union and the Australian Institute of Marine and Power Engineers

Mawa Riinbi Pty Limited & P&O Maritime Services Pty

Limited Trading as Carpentaria Management Services

Proposed protected action ballot of employees of Carpentaria Management Services.

• [1] This is a joint application by the Australian Maritime Officers' Union (AMOU) and The Australian Institute of Marine and Power Engineers (AIMPE) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Mawa Riinbi Pty Limited & P&O Maritime Services Pty Limited Trading as Carpentaria Management Services (Carpentaria or Employer). The two applicants sought to amend the application to deal with certain drafting clarifications and the entity of the respondent employer was subsequently clarified.

• [2] On 15 September 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

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

• [4] On the basis of the material before me, including the declarations of Christopher Claydon, Industrial Officer, and Nathan Niven, Senior National Organiser setting out the steps taken by the AMOU and AIMPE respectively in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Carpentaria, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 1 October 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 PR791761.

• [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, 11 working days from the making of the Order and was the date sought in the application.

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