Application by Australian Salaried Medical Officers Federation (132N)
Citation: [2026] FWC 2491
What happened
The Applicant applied to the Fair Work Commission for a protected action ballot order. This relates to employees of Austin Health and 42 other health and welfare services employers in Victoria. They are bargaining to replace existing enterprise agreements with a new multi-enterprise agreement. The Victorian Hospitals’ Industrial Association (VHIA) represents the Employers. Discussions led to amendments, including removing a proposed ballot question and adding a safety carve out. The Applicant states they have been genuinely trying to reach an agreement.
What was decided
The Fair Work Commission granted leave to amend the application for a protected action ballot order. The ballots will be conducted by Fair Vote Services Pty Ltd. A closing date of 27 July 2026 was set for voting. Extended notice periods of five and seven days were approved for certain industrial actions, as exceptional circumstances existed. The Commissioner is satisfied that the Applicant has met the requirements to hold a ballot.
What it means for employers
Employers should be aware of the process for negotiating multi-enterprise agreements and the potential for applications for protected action ballots. Engaging in genuine bargaining and addressing employee concerns can help avoid such applications. Appointing a bargaining representative like VHIA is common practice.
What it means for employees
Employees covered by the enterprise agreement may have the opportunity to vote in a ballot regarding industrial action. This could involve strikes or work stoppages as part of negotiations for improved terms and conditions.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2491.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →