Application by Health Services Union (051V)
Citation: [2026] FWC 2642
What happened
The Health Services Union (HACSU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009, concerning employees of Scope (Aust) Ltd and Home@Scope Pty Ltd. These companies are related businesses. Following discussions, the Applicant amended its application to extend the notice period for industrial action. The employers did not object.
What was decided
The Fair Work Commission granted leave to amend the application and determined the matter on the papers. A protected action ballot order was made, with voting closing on 29 July 2026. An extended written notice period of seven working days applies to certain forms of industrial action, while a default three-day period applies to others. Fair Vote Services Pty Ltd will conduct the ballot. A compulsory conciliation conference will be held.
What it means for employers
Employers should engage in genuine bargaining with unions and consider the potential for exceptional circumstances requiring extended notice periods for industrial action. Early engagement and open communication can help avoid formal applications to the Fair Work Commission.
What it means for employees
Employees may have an opportunity to participate in a protected action ballot regarding their enterprise agreement. The ballot will be conducted by an approved agent, and a conciliation conference is scheduled to facilitate negotiations.
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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 →