Australian Nursing and Midwifery Federation v Albury Wodonga Health

[2025] FWC 256

[2025] FWC 256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v

Albury Wodonga Health and Others

(B2025/169, B2025/170, B2025/172, B2025/173, B2025/174, B2025/175, B2025/176, B2025/177, B2025/178, B2025/179, B2025/180, B2025/181, B2025/182, B2025/183, B2025/184, B2025/185, B2025/186, B2025/187 and B2025/188)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 30 JANUARY 2025

Proposed protected action ballot of Albury Wodonga Health and 18 other Victorian public health care employers employed in mental health services.

1. This decision concerns 19 applications by the Australian Nursing and Midwifery Federation (ANMF or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for protected action ballot orders in relation to certain employees of 19 employers who are subject to a Single Interest Employer Authorisation (SIEA) issued by the Commission on 17 January 2025.[1] The SIEA has been issued in the context of a proposed multi-enterprise agreement.

1. The ballot applications relate to 19 Victorian healthcare employers that are currently bargaining for the proposed Victorian Public Mental Health Services Enterprise Agreement 2024-2028 and are authorised to bargain together. The employers concerned are set out in Appendix A of this decision and are collectively referred to as the Employers.

1. Each of the Employers has appointed the Victorian Hospitals Industrial Association (VHIA) as their bargaining representative.

1. The group of employees to be balloted at each employer are employees for whom the ANMF is acting as the bargaining representative and who fall within the coverage of the SIEA; namely those employed as:

·   Registered Nurses

·   Enrolled Nurses

·   Registered Undergraduate Student of Nursing

·   Registered Enrolled Nurse Students (Pre-Qualification Enrolled Nurse (PQEN))

·   Indigenous Nursing Cadets

who are employed solely or predominantly in the provision of Public Mental Health Services, which refers to the service, department, unit or program of the Employer rather than the duties of an individual employee.

1. On 29 January 2025, the Commission was advised by the VHIA that the Employers did not object to any of the Applications.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the separate declarations of Madeleine Harradence, Assistant Branch Secretary, setting out the steps taken by the ANMF 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.

1. The ballots are to be conducted by Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballots.

1. 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 13 February 2025.[2] This also establishes the ballot periods for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5) that justify an extended minimum period of written notice for the purposes of s.414(2)(b) of the Act when taking certain forms of industrial action set out in the Orders made by the Commission. The extended minimum notice period of 7 calendar days applies to the items listed under that heading within clause five (5), and confirmed in clause fourteen (14), of each of the Orders. The default minimum period of 120 hours[3] continues to apply to the other forms of action.

1. The Orders properly reflect all of the requirements of s.443(3) of the Act.

1. An Order has been issued in each application. A full list of application numbers, Employers and the Orders issued is attached as Appendix A to this Decision.

1. All matters will be assigned to a single 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 involved 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.

DEPUTY PRESIDENT

Appendix A

Matter Number	Employer	Print Number
B2025/169	Albury Wodonga Health	PR783738
B2025/170	Alfred Health	PR783739
B2025/172	Austin Health	PR783740
B2025/173	Eastern Health	PR783741
B2025/174	Barwon Health	PR783742
B2025/175	South West Healthcare	PR783744
B2025/176	Bendigo Health	PR783745
B2025/177	Latrobe Regional Health	PR783746
B2025/178	Goulburn Valley Health	PR783748
B2025/179	Grampians Health	PR783747
B2025/180	Mercy Hospitals Victoria Ltd	PR783749
B2025/181	Mildura Base Public Hospital	PR783750
B2025/182	Monash Health	PR783751
B2025/183	Melbourne Health	PR783752
B2025/184	Peninsula Health	PR783753
B2025/185	The Royal Children’s Hospital	PR783754
B2025/186	Northern Health	PR783755
B2025/187	St Vincent’s Hospital (Melbourne) Limited	PR783756
B2025/188	Western Health	PR783757

[1] B2024/1688 (PR783191).

[2] This is, in effect, 10 working days from the making of the Orders and was the period sought in each application.

[3] See section 414(2)(a)(ii) of the Act - as these matters involve a proposed multi-enterprise agreement.

Printed by authority of the Commonwealth Government Printer

<PR783758>