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FWCFair Work Commission · 30 December 2025

Application by Victorian Ambulance Union Incorporated

Citation: [2026] FWC 3106

What happened

The Victorian Ambulance Union Incorporated (VAU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. This relates to employees of National Patient Transport Pty Ltd (NPT). The VAU and NPT were in bargaining negotiations. NPT initially raised concerns but ultimately agreed to the application, requesting an extended notice period of five working days for certain industrial actions. The VAU accepted this condition.

What was decided

The Fair Work Commission granted the VAU’s application for a protected action ballot order. Fair Vote Services Pty Ltd will conduct the ballot. The voting period will close on August 31, 2026, which is ten working days from the date of the order. A longer than usual five-day written notice period was approved for certain industrial actions. A separate order (PR813307) was issued, and a compulsory conciliation conference will be held with another Commission Member.

What it means for employers

Employers should be aware of the process for protected action ballots and be prepared to engage constructively in bargaining negotiations. Agreeing to an extended notice period, as NPT did, demonstrates a willingness to find common ground, but employers should carefully consider the implications of such agreements.

What it means for employees

Employees should understand their rights to engage in protected industrial action through a ballot process. The VAU’s application highlights the importance of union representation in bargaining and potential industrial action.

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3106.pdf

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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

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