Australian Maritime Officers' Union v Port of Portland Pty Ltd Summary

[2025] FWC 2995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Maritime Officers' Union
v

Port of Portland Pty Ltd

(B2025/1560)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 8 OCTOBER 2025

Proposed protected action ballot of employees of Port of Portland Pty Ltd – non AEC electronic ballot

This is an application by the Australian Maritime Officers' Union (AMOU 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 Port of Portland Pty Ltd (Port of Portland or Employer).

On 8 October 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Chris Neiberding, Industrial Officer, setting out the steps taken by the AMOU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Port of Portland, 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.

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.

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 22 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR792464.

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.

DEPUTY PRESIDENT

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Maritime Officers' Union (AMOU) applied to the Fair Work Commission for an order allowing a protected action ballot for certain employees of Port of Portland Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, which pertains to the procedure for a protected action ballot. Port of Portland did not object to the application, and the matter was determined on the papers without a hearing. The AMOU submitted evidence, including a declaration from their Industrial Officer, that they had been genuinely trying to reach an agreement with Port of Portland. Fair Vote Services Pty Ltd was approved to conduct the ballot, and the Commission set 22 October 2025 as the closing date for voting. The Commission will separately conduct a compulsory conciliation conference under section 448A of the Act, requiring the attendance of all bargaining representatives to facilitate meaningful negotiations.

The primary legal issues for the Commission were whether the AMOU had satisfied the requirements for a protected action ballot and whether the proposed ballot period was appropriate. The Commission needed to ascertain if the AMOU had genuinely attempted to reach an agreement with Port of Portland and if all procedural requirements under the Fair Work Act had been met. Additionally, the Commission had to determine an appropriate closing date for the ballot period. The employer's lack of objection and the evidence provided by the AMOU indicated that the procedural requirements were met. The Commission concluded that the proposed ballot period was reasonable and set the closing date accordingly.

In reaching its decision, the Commission reviewed the evidence provided by the AMOU, which demonstrated that they had engaged in good faith negotiations with Port of Portland. The Commission was satisfied that all conditions under section 443 of the Act were fulfilled, including the requirement for a notification period. The Commission authorised the use of Fair Vote Services Pty Ltd as the ballot agent and set 22 October 2025 as the closing date for voting, which was consistent with the period requested in the application. The Commission determined that a compulsory conciliation conference would be necessary to facilitate further negotiations between the parties.

The Fair Work Commission granted the AMOU's application for a protected action ballot order. The Commission set the closing date for voting as 22 October 2025 and authorised Fair Vote Services Pty Ltd to conduct the ballot. A separate order was issued to conduct a compulsory conciliation conference to ensure that meaningful negotiations would take place between the AMOU and Port of Portland. This decision allowed the employees to proceed with the ballot, while also encouraging further negotiations to resolve the underlying dispute.

Australian Maritime Officers' Union v Port of Portland Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established