Application by Australian Nursing and Midwifery Federation (145V)
Citation: [2026] FWC 2934
What happened
The Applicant applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application concerned employees of the State of Victoria, specifically those working within the Department of Education. The Applicant was seeking to conduct a non-AEC electronic ballot. The Respondent did not object to the application. an Industrial Officer from the Australian Nursing and Midwifery Federation declared steps taken in bargaining with the department.
What was decided
The Fair Work Commission granted the Applicant’s application for a protected action ballot order. The Commissioner was satisfied that all requirements of section 437 were met and that there was a notification time relating to the proposed agreement. Vero Engagement & Voting Solutions Pty Ltd will conduct the ballot, with voting closing on August 24, 2026. A separate order (PR812830) has been issued. A compulsory conciliation conference will be scheduled by another Commission member.
What it means for employers
Employers should ensure they engage constructively in bargaining processes and respond promptly to union requests for ballots. Failure to object to a ballot application can still lead to a formal process requiring negotiation and potential industrial action.
What it means for employees
Employees may have the opportunity to vote on a proposed enterprise agreement through a protected action ballot, which could potentially lead to industrial action if negotiations are unsuccessful. The Applicant will conduct the ballot with Vero.
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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 →