Australian Nursing and Midwifery Federation v Healthscope Operations Pty Ltd Summary

[2025] FWC 2976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v

Healthscope Operations Pty Ltd

(B2025/1550)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 7 OCTOBER 2025

Proposed protected action ballot of employees of Healthscope Operations Pty Ltd – non-AEC ballot agent electronic voting

This is an application by the Australian Nursing and Midwifery Federation (ANMF 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 Healthscope Operations Pty Ltd (Healthscope or Employer).

On 7 October 2025, the Respondent advised that it did not object to the application subject to confirmation of there being an extended notice period of five (5) working days in relation to some of the proposed forms of industrial action. The ANMF, in effect, accepted that there were relevant exceptional circumstances and agreed to that amendment.

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

On the basis of the material before me, including the declaration of Megan Reeve, Senior Industrial Officer, setting out the steps taken by the ANMF in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Healthscope, 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.

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

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 21 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

I am satisfied that there are relevant exceptional circumstances required by s.443(5) of the Act, justifying a minimum extended period of written notice of five (5) working days for the purposes of s.414(2)(b) of the Act when taking actions set out in ballot questions 4, 19, 20, 21, 22 and 24 of the Order made by the Commission. The default period of three (3) working days will apply to the remaining forms of action arising from the ballot questions.

An Order has been separately issued in PR792402.

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.

DEPUTY PRESIDENT

[1] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation (ANMF) filed an application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning employees of Healthscope Operations Pty Ltd. The ANMF sought to conduct a ballot to authorize potential protected actions, including strike actions, by its members, who are employees of Healthscope. Healthscope did not object to the application but requested an extended notice period for certain forms of industrial action, a request that the ANMF accepted.

The legal issues the Fair Work Commission had to address included whether the ANMF had met the notification requirements and if there were exceptional circumstances justifying an extended notice period for specific forms of industrial action. Additionally, the Commission had to consider whether Vero Engagement & Voting Solutions Pty Ltd, the proposed ballot agent, was eligible under section 468A of the Act to conduct the ballot. The Commission also needed to determine the appropriate ballot closing date and the notice period for different forms of industrial action.

In making its decision, the Commission considered the declaration by Megan Reeve, the Senior Industrial Officer of the ANMF, which detailed the union's efforts to reach an agreement with Healthscope. The Commission was satisfied that the union had genuinely tried to negotiate and that the requirements of section 443(1) of the Act were fulfilled. The Commission approved Vero Voting as an eligible ballot agent and set the ballot closing date as 21 October 2025. The Commission also determined that exceptional circumstances justified an extended notice period of five working days for specific forms of industrial action, while the default three-working-day period applied to other actions.

The Commission issued an order permitting the ballot to proceed under the specified conditions, including the extended notice period for certain actions. The matter was then assigned to another member of the Commission for a compulsory conciliation conference to facilitate further negotiations between the parties.

Australian Nursing and Midwifery Federation v Healthscope Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established