1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Maritime Officers' Union v Tasmanian Ports Corporation Pty Ltd (B2026/766) DEPUTY PRESIDENT HAMPTON ADELAIDE, 2 JULY 2026 Proposed protected action ballot of employees of Tasmanian Ports Corporation Pty Ltd – non-AEC ballot electronic voting [1] 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 Tasmanian Ports Corporation Pty Ltd (TasPorts or Employer). [2] On 2 July 2026, the Commission was advised that the Employer, in effect, did not object to the application. The Employer did raise concerns regarding the clarity of proposed ballot question 12. The AMOU subsequently amended the ballot question addressing the concern raised, which was accepted by the Employer. [3] In the circumstances, I have granted leave to amend the application reflecting the amended ballot question and determined the matter on the papers without holding a hearing. [4] On the basis of the material before me, including the declaration of Chris Neiberding, Senior 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 TasPorts, 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 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 16 July 2026.1 This also establishes the ballot period for the purpose of s.448A(2) 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. [2026] FWC 2487 DECISION [2026] FWC 2487 2 [7] An Order has been separately issued in PR811643. [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. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR811642>