Bargaining for WA health workers, and what is happening now.

1. For the State.
   1. The Department CEO (the chief executive of the Department of Health) is responsible for carrying out the "system manager role" (Health Services Act 2016 s 19(2)), and the Department CEO's functions include "managing WA health system-wide industrial relations on behalf of the State, including the negotiation of industrial agreements" (s 20(1)(f)).
   2. The agreement records that the System Manager is responsible for system-wide industrial relations, and that discussions on system-wide issues, "including negotiations for a replacement Agreement", may take place between HSUWA and the System Manager's nominated delegate (WAH043 cl 75.5).
2. For employees. HSUWA, the state-registered union, is the union party to the agreement (cl 5.4).

1. The System Manager and HSUWA "will commence negotiations for a replacement agreement at least six months prior to the expiry date" (cl 6.3), that is by about 31 December 2026.
2. Either side may request bargaining, and representatives meet within five working days of a request; the discussions should cover the bargaining mechanism, the consultative process, possible initiatives and the timeframe (cl 8.2). "The requirement to bargain in good faith is acknowledged" (cl 8.4).
3. Elected HSUWA officials get paid time for negotiating a new agreement, up to 12 hours per official per negotiation process (cl 72.2(b)), and, on reasonable notice, all employees may attend up to four paid union meetings a year of up to one hour each (cl 72.3).
4. During the term the parties will not, other than as the agreement provides, pursue extra claims on salaries and conditions, but this "does not limit any right to pursue a reclassification matter before the Commission" (cl 7.1–7.2).

1. When bargaining for an industrial agreement, a negotiating party "must bargain in good faith" (IR Act s 42B(1)). That includes stating and explaining positions, meeting at reasonable times, intervals and places, disclosing relevant and necessary information, acting honestly and openly, recognising bargaining agents, giving reasonable facilities to union representatives, bargaining genuinely with sufficient resources, and keeping to agreed outcomes and commitments (s 42B(2)(a)–(h)).
2. If the parties agree on some matters but not others, they can ask the Commission to register the agreement and decide the rest. The Commission may then order that the agreement include provisions it specifies, only on the matters the parties name, and may have regard to any matter it considers relevant (s 42G(1)–(4)). No appeal lies from that order (s 42G(6)).
3. A negotiating party may also ask the Commission to declare that bargaining has ended, where the applicant has bargained in good faith, bargaining has failed and there is no reasonable prospect of agreement (s 42H(1)); no appeal lies from the declaration (s 42H(2)). After a declaration, an application may be made within 21 days for an enterprise order, which may provide for any matter that could be in an industrial agreement and that the Commission considers fair and reasonable in all the circumstances (s 42I(1)–(3)).
4. An agreement that has expired "continues in force" for its parties, except any that retire from it, until a new agreement or an award replaces it (s 41(6)).

1. The policy. The Public Sector Wages Policy Statement 2026 (issued 26 May 2026) applies to WA public sector industrial agreements, except that the 2023 Statement continues to apply to agreements that expired before 6 May 2026 (cl 4–5). WAH043 expires on 30 June 2027, so on the current statement the 2027 round falls under the 2026 Statement.
2. What it says:
   1. in making offers the Government will "place specific emphasis on delivering financially sustainable outcomes that are reasonable in the context of each negotiation" and "prioritise the timely negotiation of replacement industrial agreements" (cl 6). It states no percentage;
   2. subject to cl 6(a), the Government will prioritise initiatives supporting attraction and retention, regional service delivery, direct and permanent employment, and improved operations (cl 7);
   3. a new agreement applies from registration, and "The Government may consider retrospective wage increases up to the expiry of any previous agreement, in the context of good faith bargaining" (cl 9); and
   4. a new agreement does not apply to employees who leave before it is registered (cl 10).
3. In arbitration. In a public sector decision, which includes a s 42G order that will bind a public sector entity (s 26(2B)), the Commission must take into consideration the applicable wages policy statement, the State's financial position and fiscal strategy, and the financial position of the public sector entity (IR Act s 26(2A)), and those matters are "in addition to" the ordinary s 26(1)(d) considerations (s 26(2C)).

On the published record, the 2014 round is the only PACTS wage round to have been arbitrated. The decision is The Minister for Health v Health Services Union of Western Australia (Union of Workers) [2015] WAIRC 00332 (Commission in Court Session, 23 April 2015).

1. The dispute. The 2014 agreement was registered without agreed pay rises, and the parties agreed under s 42G that the Commission would fix them within agreed ranges: 2.75% to 4% from 1 July 2014 and 2.5% to 5% from 1 July 2015 ([1]). The Minister sought 2.75% and 2.5% ([4]); the union sought increases comparable to those recently received by doctors, nurses and support staff ([10]).
2. The holding on the wages policy. This was "the first occasion on which the Commission has been required to consider s 26(2A)" ([118]). The Commission held:
   1. the Minister's framing, that other factors must be so overwhelming that the Commission, "despite" s 26(2A) and (2B), feels compelled to award a higher increase, wrongly treated those matters as "a standard against which other factors are to be judged" ([2015] WAIRC 00332 at [119]);
   2. the wages policy, the State's finances and the Department's finances must be considered ([2015] WAIRC 00332 at [122]); and
   3. "The legislation does not make s 26(2A) a standard against which the other considerations are to be assessed. Nor is s 26(2A) of greater weight than those matters in s 26(1)(d)." Each consideration is to be given its own weight ([2015] WAIRC 00332 at [123]).
3. The reasoning on the facts:
   1. there was no historical link between PACTS increases and those of nurses or doctors ([2015] WAIRC 00332 at [40], [42], [44], [135]), but in the context of past general consistency a significantly lesser increase for PACTS was "undesirable" ([58], [124]);
   2. applying the 2014 policy left PACTS staff "making a greater contribution to the recovery of the State's financial position and fiscal strategy" than the medical practitioners, registered nurses and support staff they work closely with, and "That is inequitable" ([2015] WAIRC 00332 at [126]–[127]); and
   3. the Treasury evidence of deficits, the Department's budget pressure and the other 2014 settlements in line with the wages policy weighed the other way ([2015] WAIRC 00332 at [132]–[134]).
4. The result. The union "has shown that it has not had a fair go and that fairness requires a salary increase in excess of projected CPI" ([135]); but "arbitrated wage or salary increases greater than projected CPI should be the exception rather than the rule due to the State experiencing the most challenging fiscal environment for many years" ([136]). The Commission set 3.75% from 1 July 2014 and 3% from 1 July 2015 ([138]).

1. There is no protected industrial action in the WA system of the federal kind.
2. The Commission may of its own motion summon parties to a conference whenever industrial action has occurred or, in its opinion, is likely to occur (IR Act s 44(1), (7)(b)), and may there give directions and make orders, including to prevent the deterioration of industrial relations until conciliation or arbitration resolves the matter (s 44(6)(ba)). It may also determine that engaging in industrial action is a breach of the duty to bargain in good faith (s 42B(3)).
3. Under the agreement, "No bans, stoppages or limitations will be imposed prior to, or during the time this procedure is being followed" (WAH043 cl 75.1(a)), and during any period of industrial action "sufficient labour will be made available to carry out work essential for life support within Hospitals" (cl 75.4(c)).

1. An employee organisation registered under the federal registered organisations law is the default bargaining representative of its members (FW Act s 176(1)(b), with "organisation" defined in s 12). That is the federally registered Health Services Union, through its WA Branch. The state union can act as a bargaining representative only if a member appoints it in writing (s 176(1)(c)).
2. The main HSU agreements in WA private health include:
   1. St John of God (AE527839), covering caregivers in WA employed in its hospital facilities and social outreach services, among other services, nominal expiry 30 June 2027; negotiations for a replacement are to begin at least six months before (cl 3, 4, 5(3));
   2. Ramsay WA (AE531371), nominal expiry 30 December 2027, with negotiations to begin at least six months before (cl 1.6);
   3. Australian Clinical Labs (AE527842), nominal expiry 30 January 2028, and Western Diagnostic Pathology (AE528125), nominal expiry 30 June 2027; and
   4. Serco's non-clinical staff in the South Metropolitan Health Service region (AE533547), nominal expiry 11 April 2029, covering the HSU and the United Workers Union.
3. An agreement past its nominal expiry keeps operating until it is terminated or a later agreement replaces it (FW Act ss 54(2), 58).
4. An agreement must not pay less than the award. Where an enterprise agreement applies to an employee who is covered by a modern award in operation, the agreement's base rate "must not be less than" the base rate the award would give if it applied; if it is less, the agreement has effect as if its rate were equal to the award rate (FW Act s 206(1)–(2)). This is why award increases (Part C) matter even to staff on agreements.

1. Protected action needs a protected action ballot order from the FWC, which the FWC must make where the applicant has been, and is, genuinely trying to reach an agreement (FW Act ss 409, 413, 437, 443(1)).
2. A ballot authorises action that commences within the 30-day period starting on the date the result is declared, a period the FWC may extend once by up to 30 days on an applicant's application (s 459(1)(d), (3); Health Services Union v Clinical Laboratories (WA) Pty Ltd [2024] FWC 2418 at [3]).
3. Written notice of action must ordinarily be at least three working days (s 414(2)(a)). The ballot order may specify a longer period, of up to seven working days, only if the FWC is satisfied that "exceptional circumstances" justify it (s 443(5)).
4. The FWC must suspend or terminate protected action that has threatened, is threatening or would threaten "to endanger the life, the personal safety or health, or the welfare, of the population or of part of it" (s 424(1)(c)).

A 2022 decision on WA radiation oncology explains how patient safety bears on notice of industrial action in health (Health Services Union v Genesis Cancer Care WA Pty Limited [2022] FWC 3065 at [20]–[26]):

1. the onus is on the employer to show exceptional circumstances ([20]);
2. "exceptional" means out of the ordinary course, unusual, special or uncommon, and can be a combination of ordinary factors; the circumstances must "justify" the longer notice, which means weighing the employer's and third parties' interest in defensive action against the loss of the employees' bargaining power, and "ordinarily there should be no extension" ([21]–[22], quoting an earlier decision);
3. longer notice may not be given "simply to allow the employer to neutralise the impact of the industrial action" ([23]), but where interests beyond the parties may be significantly affected, "the tendency is for an extension of the notice period to be provided" ([24]);
4. the employer treated cancer patients with life-threatening illness in both private and public health, and submitted that withdrawing that treatment "may cause significant harm and endanger the lives of patients" ([25]); the Commission found exceptional circumstances and extended notice to seven working days ([26]).

1. Supported bargaining. The FWC must authorise supported bargaining for a multi-enterprise agreement where bargaining together is appropriate having regard to, among other things, prevailing pay and conditions, "including whether low rates of pay prevail in the industry or sector", and whether the employers have clearly identifiable common interests, an example being "being substantially funded, directly or indirectly, by the Commonwealth, a State or a Territory" (FW Act s 243(1)(b)(i)–(ii), (2)(c)). That fits publicly funded aged care and disability work. No supported bargaining authorisation covering HSU members in WA was found.
2. Explaining the agreement. Before a vote, the employer must take all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, are explained to the employees who will be covered by it (FW Act s 180(5)(a)).

1. Timing. WAH043 expires on 30 June 2027 (cl 6.2), and negotiations are to begin by about 31 December 2026 (cl 6.3). The agreement continues in force after expiry until replaced (IR Act s 41(6)).
2. Preparation. HSUWA held paid union meetings across public sector workplaces from 17 August to 4 September 2026 "to prepare for your 2027 Union Agreement negotiations" (HSUWA notice). No log of claims or Government offer had been published on 4 November 2026.
3. The policy. The round falls under the Public Sector Wages Policy Statement 2026, which states no percentage (cl 6), and makes backdating to the old expiry a matter the Government "may consider" (cl 9).
4. Pay under the current agreement. Salaries rose by 5% on 1 July 2024, 4% on 1 July 2025 and 3.75% on 1 July 2026, the last step in the agreement (WAH043 Schedules 1 to 3).

Career structures for allied health professionals are not in WAH043. HSUWA ran a vote of public sector allied health professionals "to choose one of two options for career pathways", closing on 5 June 2026, with a voter pack covering the Independent Review of career pathways (HSUWA news, 22 May 2026). The result had not been published on 4 November 2026.

On 22 October 2026 the Education and Health Standing Committee of the WA Parliament announced an "Inquiry into the extent to which Western Australian public hospital clinicians can work to their full scope of practice". Submissions close on 20 December 2026 (HSUWA news, 23 October 2026).

1. St John of God's agreement reaches nominal expiry on 30 June 2027, with negotiations to begin by about 31 December 2026 (AE527839 cl 4, 5(3)).
2. Ramsay WA's agreement reaches nominal expiry on 30 December 2027, with negotiations to begin by about 30 June 2027 (AE531371 cl 1.6).
3. The new HPSS Award floor for health professionals began on 1 October 2026 and rises each 30 June to 2030, so it is in force throughout both rounds.