Australian Nursing and Midwifery Federation v Lumus Imaging (Queensland) Pty Ltd

[2025] FWC 2493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v

Lumus Imaging (Queensland) Pty Ltd

(B2025/1335)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 25 AUGUST 2025

Proposed protected action ballot of employees of Lumus Imaging (Queensland) Pty Ltd

This is an application by the Australian Nursing and Midwifery Federation acting through its Queensland Nurses and Midwives Union (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 Lumus Imaging (Queensland) Pty Ltd (Lumus or Employer).

I note that Mr. Nathanael Timothy Bishop and the United Workers’ Union have each made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement, and these Orders have been granted.[1]

On 22 August 2025, the Commission was advised that the Employer did not object to the Application, if amended to address certain (predominately) drafting issues. The ANMF subsequently provided amended documents.

In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Kanchana Liyanapathiranage, 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 Lumus, 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 TrueVote Pty Ltd (TrueVote). TrueVote 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 8 September 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR791012.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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] Respectively, B2025/1278 and B2025/1301.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation (ANMF), through its Queensland Nurses and Midwives Union, sought a protected action ballot order in relation to certain employees of Lumus Imaging (Queensland) Pty Ltd under section 437 of the Fair Work Act 2009. The Fair Work Commission heard this application, with the employer not objecting to the application, provided it was amended to address drafting issues. The application was subsequently amended, and the matter was determined on the papers without the need for a hearing.

The legal issues before the Commission included whether the notification time for the proposed enterprise agreement had been met and whether all requirements under section 443(1) of the Act were satisfied. The Commission also needed to determine the closing date for voting in the ballot, as per section 443(3)(c) of the Act. Additionally, the Commission had to ensure that the ballot agent, TrueVote Pty Ltd, was eligible and authorised under section 468A of the Act.

The Deputy President was satisfied, based on the provided material, that the notification time had been met and that all requirements under section 443(1) of the Act had been fulfilled. The Commission granted leave to amend the application and determined that the closing date for voting would be 8 September 2025, effectively 10 working days from the making of the order. This decision also established the ballot period under section 448A(2) of the Act. An Order was issued for the compulsory conciliation conference, and the matter was assigned to another Member of the Commission.

This decision ensures that the protected action ballot can proceed, with all parties required to attend the conciliation conference prepared for meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established