Australian Nursing and Midwifery Federation v Hobart District Nursing Service Inc T/A the District Nurses

[2025] FWC 2415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v

Hobart District Nursing Service Inc T/A The District Nurses

(B2025/1303)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 AUGUST 2025

Proposed protected action ballot of employees of Hobart District Nursing Service Inc T/A The District Nurses

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 Hobart District Nursing Service Inc trading as The District Nurses (The District Nurses or Employer).

On 18 August 2025, the Commission was advised that the Employer did not object to the Application.

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 Emily Shepherd, Branch Secretary, 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 The District Nurses, 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 4 September 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR790786.

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, 13 working days from the making of the Order and was the specific 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, seeking a protected action ballot order concerning employees of Hobart District Nursing Service Inc, doing business as The District Nurses. The application was heard by the Fair Work Commission, with Deputy President Hampton presiding over the matter in Adelaide on 18 August 2025. The District Nurses did not object to the application, leading the Commission to decide the matter based on the submitted documentation without the need for a hearing.

The legal issues at the core of this case revolved around whether the ANMF had fulfilled the necessary requirements to conduct a protected action ballot. This included verifying that the union had genuinely attempted to negotiate an agreement with the employer and that the notification period for the proposed agreement had been observed. The application also needed to ensure that all conditions stipulated in section 443(1) of the Act were met. Furthermore, the court had to establish a closing date for voting, in accordance with section 443(3)(c) of the Act, which would also define the ballot period for section 448A(2) of the Act.

The Commission reviewed the declaration from Emily Shepherd, Branch Secretary of the ANMF, which outlined the union's efforts to negotiate with The District Nurses and confirmed that these efforts were genuine. Additionally, the court took into account that Vero Engagement & Voting Solutions Pty Ltd (Vero Voting) had been approved as an eligible ballot agent under section 468A of the Act. Based on this information, the Deputy President concluded that all requirements for a protected action ballot had been satisfied. Consequently, the Commission determined that voting would close on 4 September 2025, effectively setting the ballot period. A separate order was issued in PR790786, and the matter was assigned to another member of the Commission for a compulsory conciliation conference, which would involve all bargaining representatives in the proposed enterprise agreement.

The final order established the timeline for the ballot and directed that a compulsory conciliation conference would be held, with all parties required to attend prepared for meaningful negotiations. This decision ensured that the legal process for a protected action ballot was followed correctly and that the employees' rights were protected throughout the negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established