1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Salaried Medical Officers Federation v Canberra Health Services (B2026/468) COMMISSIONER WALKADEN SYDNEY, 29 APRIL 2026 Proposed protected action ballot of employees of Canberra Health Services – non-AEC ballot electronic voting [1] This is an application by the Australian Salaried Medical Officers Federation (ASMOF or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Canberra Health Services (CHS or Employer). [2] At a hearing before me on 29 April 2026, the Employer advised that it, in effect, did not object to the application subject to there being an extended minimum notice period of five working (5) days in relation to questions ten to fifteen (10-15), twenty (20) and twenty-one (21) of the proposed forms of industrial action to which the Applicant agreed. [3] On the basis of the material before me, including the declaration of Dipti Talaulikar, President, setting out the steps taken by the ASMOF in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with CHS, 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. [4] The ballot is to be conducted by TrueVote Pty Ltd (True Vote). True Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot. [5] For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 13 May 2026. This also establishes the ballot period for the purpose of s.448A(2) of the Act. [6] Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the period of written notice referred to in section 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from the ballot questions in clause 5 of the Order. [2026] FWC 1549 DECISION [2026] FWC 1549 2 [7] An Order has been separately issued in PR799252. [8] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. 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. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR799251>