Application by Health Services Union (051V)
Citation: [2026] FWC 3342
What happened
The Health Services Union (HSU) applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application relates to employees of the Australian Capital Territory (ACT) covered by the ACT Public Sector Support Services Enterprise Agreement 2023–2026. The ACT did not object, and the parties reached a consent position regarding ballot questions and notice periods. The HSU filed an amended application, accepting exceptional circumstances. True Vote Pty Ltd will conduct the ballot.
What was decided
The Fair Work Commission granted the HSU’s application for a protected action ballot order. The ballot will be conducted by True Vote Pty Ltd, an approved ballot agent. A voting deadline of September 23, 2026, was set. An extended notice period of five working days applies to employees in food services and ward services taking specific industrial action. A compulsory conciliation conference will be held to facilitate negotiations.
What it means for employers
Employers should be aware of the requirements for protected action ballots, including the need to engage in genuine bargaining and the potential for extended notice periods under exceptional circumstances. Consent positions and amended applications can streamline the process.
What it means for employees
Employees should be informed about upcoming protected action ballots and the industrial action being considered. The extended notice period means employees will have more time to consider the implications of any industrial action.
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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