[2026] FWC 431 The attached document replaces the document previously issued with the above code on 12 February 2026. Date of Decision has been amended from 2025 to 2026 Associate to Deputy President Hampton Dated 13 February 2026 1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Health Services Union v Bayside Health and Others (B2026/84) DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 FEBRUARY 2026 Proposed protected action ballot of employees of Bayside Health and 25 other health and welfare services employers – non-AEC ballot electronic voting [1] This Decision concerns an application by the Health Services Union acting through its Victoria No 4 Branch (HSU or Applicant) made under s.437A of the Fair Work Act 2009 (Act) for protected action ballot orders in relation to employees of certain employers who are subject to a Single Interest Employer Authorisation (SIEA) issued by the Commission on 1 December 2025.1 The SIEA has been issued in the context of a proposed multi-enterprise agreement. The application seeks that a ballot order be made concerning each of 26 employers, from amongst the total 69 employers who are subject to the SIEA. [2] The ballot application relates to a group of health and welfare services (public hospitals) that are currently bargaining to replace the Medical Scientists, Pharmacists and Psychologists Victorian Public Sector (Single Interest Employers) Enterprise Agreement 2021-2025 (Agreement) and are now authorised to bargain together. The employers concerned with this application are set out in Appendix A of this decision and are collectively referred to as the Employers. [3] I observe that one of the Employers is not expressly named in the SIEA. Bayside Health is a body established under the Health Services Act 1988 (Vic) (HS Act) and is an ‘amalgam’ of 5 similar bodies; namely, Alfred Health, Peninsula Health, Bass Coast Health, Koo Wee Rup Health, and Gippsland Southern Health Services. Each of these are named in the SIEA. The full merger took effect on 1 January 2026, and all staff and the rights and obligations of these bodies have transferred to Bayside Health under the terms of the HS Act.2 Without finally determining this issue, I have dealt with this application on the basis that Bayside Health is covered by the SIEA as a result of the above. That is, Bayside is the successor body to the 5 named employers in all respects by operation of the HS Act, and had been bargaining with the HSU, along with the other employers, for the proposed agreement. Whether the SIEA should be amended for future purposes to confirm the status of Bayside Health is an issue I leave to the parties to consider. [4] Each of the Employers has appointed the Victorian Hospitals’ Industrial Association (VHIA) as their bargaining representative. [2026] FWC 431 DECISION [2026] FWC 431 2 [5] The group of employees to be balloted at each employer are those employees who fall within the scope of the SIEA and clause 3 of the order sought in this matter. [6] On 11 February 2026, the Commission was advised by the VHIA that the Employers did not object to the Application. However, the Employers sought confirmation of an undertaking provided by the HSU about the potential impact of the proposed industrial action. The HSU has confirmed to the Employers and the Commission that: Throughout any period of industrial action whether planned or already occurring, the HSU will engage in discussions with VHIA to seek to understand and avoid any unintended clinical risk, and to ensure its communication to members about any organised industrial action is clear in this respect. [7] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [8] On the basis of the material before me, including the declaration of Conor Serong, Lead Union Official, 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. [9] 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 is authorised to conduct the ballots. [10] 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 2 March 2026.3 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [11] 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. [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. [2026] FWC 431 3 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR796611> [2026] FWC 431 4 Appendix A Employer name Order print number Bayside Health PR796612 Austin Health PR796613 Barwon Health PR796614 Benalla Health PR796615 Bendigo Health PR796616 Central Gippsland Health Service PR796617 Eastern Health PR796619 Goulburn Valley Health PR796620 Grampians Health PR796621 Latrobe Regional Health PR796622 Melbourne Health PR796623 Mercy Hospitals Victoria Ltd PR796624 Mildura Base Public Hospital PR796625 Monash Health PR796626 Northern Health PR796627 Peter MacCallum Cancer Institute PR796628 Parkville Youth Mental Health and Wellbeing Service PR796629 Royal Children's Hospital(The) PR796630 Royal Victorian Eye & Ear Hospital (The) PR796631 Royal Women’s Hospital (The) PR796632 South West Healthcare PR796633 St.Vincent's Health (Melbourne) Limited PR796634 Swan Hill District Health PR796635 Victorian Clinical Genetics Services Limited PR796636 Victorian Institute of Forensic Mental Health PR796637 Western Health PR796638 1 B2025/1644 (PR794326). 2 Including ss.262, 264 and 248 of the HS Act. 3 This is, in effect, 12 working days from the making of the Order and was the period sought in the application.