Application by Australian Nursing and Midwifery Federation (145V)
Citation: [2026] FWC 3135
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 Lumus Imaging (Victoria/Tasmania) Pty Ltd. Following discussions, the Respondent did not object to the application after an amended version was filed. The Applicant sought to conduct a non-AEC ballot using electronic voting.
What was decided
The Fair Work Commission granted the Applicant’s application for a protected action ballot order. The ballot will be conducted by Vero Engagement & Voting Solutions Pty Ltd, an approved ballot agent. Voting must close by 1 September 2026. A separate order was issued (PR813374) for a compulsory conciliation conference to be conducted by another Commission Member.
What it means for employers
Employers should ensure they engage constructively in bargaining with unions. Early engagement and addressing concerns raised by unions can prevent formal applications for protected action ballots. Understanding the requirements for a valid ballot application is also important.
What it means for employees
Employees may have the opportunity to vote on a protected action ballot as part of enterprise bargaining negotiations. This allows employees to consider taking industrial action to achieve better terms and conditions.
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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