s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Albury Wodonga Health and 81 other health and welfare services (public hospital) employers

• [1] This decision concerns an application by the Health Services Union acting through its Victoria No 1 Branch (HSU or Applicant) made under s.437A of the Fair Work Act 2009 (Act) for protected action ballot orders in relation to certain employees of 82 employers who are subject to a Single Interest Employer Authorisation (SIEA) issued by the Commission on 27 August 2025.[1] The SIEA has been issued in the context of a proposed multi-enterprise agreement.

• [2] The ballot application relates to a group of health and welfare services (public hospitals) that are currently bargaining to replace the Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025 (Agreement) and are authorised to bargain together. The employers concerned are set out in Appendix A of this decision and are collectively referred to as the Employers.

• [3] Each of the Employers has appointed the Victorian Hospitals' Industrial Association (VHIA) as their bargaining representative.

• [4] The group of employees to be balloted at each employer are those employees who fall within the classifications of the Agreement, which for completeness excludes employees who are employed:
  • solely or predominantly in the provision of public mental health services; or
  • as executives under the Health Executive Employment and Remuneration Policy.

• [5] On 3 November 2025, the Commission was advised by the VHIA that the Employers did not object to the Application.

• [6] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

• [7] On the basis of the material before me, including the declaration of Jake McGuinness, Lead Organiser, setting out the steps taken by the HSU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

• [8] The ballots are to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballots.

• [9] For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close in each ballot is 21 November 2025. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [10] In conjunction with this Decision, an Order for each individual employer will be issued progressively and the details of print numbers are also set out below in Appendix A.

• [11] As advised to the parties, the Employers have been named in this Decision and the relevant Order by reference to the Australian Business Numbers provided in the application. This has involved minor corrections to the stated names. However, in each case the employer party remains that as covered by the SIEA.

• [12] I observe for completeness that as this matter involves bargaining for a multi-enterprise agreement, s.414 of the Act provides that the minimum period of written notice for any industrial action will be 120 hours.

• [13] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference involving all relevant parties. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[1] B2025/1219 (PR791060).

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