The recent Fair Work Commission (FWC) decision in Victoria Police v Police Federation of Australia & Ors offers a timely reminder for employers navigating enterprise agreement voting. The ruling confirmed that a 57% “No” vote—while a majority—is not automatically grounds for declaring bargaining intractable.
For employers and HR teams, this highlights an important principle: a close “No” vote doesn’t necessarily signal the end of negotiations—or failure. Interpreting ballot outcomes requires careful attention to the broader bargaining context.
Ballot Outcome and Intractable Bargaining Claim
After 16 months of enterprise bargaining and over 100 meetings, Victoria Police and the Police Federation of Australia reached an in-principle agreement covering around 18,000 police members. The proposal included wage increases and a new 9-day fortnight roster.
When the deal was put to a vote, 57% of employees rejected it.
Victoria Police responded by applying for an intractable bargaining declaration, arguing that negotiations had hit a dead end. If granted, the FWC would have stepped in to arbitrate and suspend further protected industrial action.
A Majority Rejection Isn’t Intractability
The FWC ultimately dismissed the application, finding that the 57% “No” vote did not conclusively demonstrate that agreement was unattainable. Several key factors influenced the Commission’s reasoning:
- A 57–43% vote is a close margin, suggesting divided—not irreconcilable—views among employees.
- Past success in reaching agreements between the same parties showed that progress was still possible.
- The union had shown flexibility in revising contested proposals, indicating room for movement.
- The industrial action in play had limited impact, and essential services remained protected.
Taken together, the FWC determined that there was still a “reasonable prospect” of agreement, and that bargaining should continue.
What This Means for Ballot Management
This case is a practical reminder that ballot outcomes should be interpreted in context, not in isolation.
Employers should consider the following:
- A majority “No” vote is not always conclusive—particularly in narrow margins. Follow-up communication and adjustments can still move negotiations forward.
- A well-managed voting process that clearly documents participation, results, and context can assist in FWC assessments.
- Using secure, transparent voting services is essential to demonstrate employee engagement and build trust in the outcome.
Final Thoughts
A close vote like the 57% “No” result in the Victoria Police case is a pivotal moment—not a signal to walk away. The FWC’s decision reinforces that majority disapproval doesn’t automatically end bargaining. Instead, it may present an opportunity to revisit key terms, improve communication, and reach genuine agreement.
At IR BLOTS, we support organisations with compliant, independent enterprise agreement ballots. Our transparent and reliable processes help ensure voting outcomes are clear, credible, and ready to support your next steps in bargaining. Contact us today.
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