Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

(B2026/303, B2026/304, B2026/305, B2026/306, B2026/307, B2026/308, B2026/309, B2026/310, B2026/311, B2026/312, B2026/313, B2026/314, B2026/316, B2026/315, B2026/317, B2026/318, B2026/319, B2026/320, B2026/321, B2026/322, B2026/324, B2026/325, B2026/326, B2026/327, B2026/328, B2026/330)

Applications to extend the 30 day period in relation to B2026/84.

[1] This matter concerns the declaration of the results of 26 protected action ballots outlined in Annexure A that were conducted in matter B2026/84 and declared on 2 March 2026.

• [2] Each of these protected action ballots relate to healthcare industry employers, listed in Annexure A, that are authorised to bargain together by way of a Single Interest Employer Authorisation (Authorisation) issued by the Fair Work Commission on 1 December 2025 (collectively the Employers).[1]

[3] The Health Services Union-Victoria No. 4 Branch has made 26 separate applications pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by each relevant protected action ballot.

[4] Section 459(3) of the Act provides as follows:

"(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

[5] The applications contend that each of the relevant requirements have been met and that the period should be extended by a further 30 days from the expiry of the original 30 days.

[6] The Victorian Hospitals' Industrial Association, which is authorised to act on behalf of each of the Employers, has advised the Commission that they have no objection to the applications.

[7] I am satisfied that the relevant requirements of the Act have been met and that the each of the applications should be granted.

[8] Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballots and are employed by the Employers set out in Annexure A be extended by a further 30 days.

[9] The orders in these matters will operate on and from 1 April 2026.

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