Australian Nursing and Midwifery Federation v Queensland Fertility Group Pty Ltd, the Trustee for QFG Day Theatres Unit Trust, Mackay Specialist Day Hospital Pty Ltd, IVF Sunshine Coast Pty Ltd Summary

[2025] FWC 1347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Nursing and Midwifery Federation
v

Queensland Fertility Group Pty Ltd, The Trustee for QFG Day Theatres Unit Trust, Mackay Specialist Day Hospital Pty Ltd, IVF Sunshine Coast Pty Ltd

(B2025/781)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 MAY 2025

Proposed protected action ballot of employees of Queensland Fertility Group Pty Ltd, The Trustee for QFG Day Theatres Unit Trust, Mackay Specialist Day Hospital Pty Ltd and IVF Sunshine Coast Pty Ltd

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 Queensland Fertility Group Pty Ltd, The Trustee for QFG Day Theatres Unit Trust, Mackay Specialist Day Hospital Pty Ltd and IVF Sunshine Coast Pty Ltd (collectively Queensland Fertility Group or Employers). The Queensland Fertility Group are related employers.

On 14 May 2025, the Commission was advised that the Employers did not oppose the application in light of the parties reaching a consent position in relation to three of the proposed ballot questions. The entity of the one of the Employers also required correction.

In the circumstances, I have decided to amend the application to reflect the consent position reached and otherwise determined the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Courtney Trevascus, Industrial Officer, 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 Queensland Fertility Group, 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 28 May 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 PR787333.

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 9 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) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning employees of Queensland Fertility Group Pty Ltd, The Trustee for QFG Day Theatres Unit Trust, Mackay Specialist Day Hospital Pty Ltd, and IVF Sunshine Coast Pty Ltd. The ANMF sought to conduct a ballot for protected action in response to unresolved negotiations over a proposed enterprise agreement. The application was made in light of the parties reaching a consent position in relation to three of the proposed ballot questions. Additionally, a correction was required for one of the employer entities.

The legal issues before the Commission included determining whether the ANMF had satisfied the requirements for a protected action ballot under section 443 of the Act, particularly in relation to the notification period, and whether the proposed ballot agent, TrueVote Pty Ltd, was approved and authorised to conduct the ballot. The Commission also needed to confirm the closing date for voting to ensure the ballot period was appropriately set.

The Deputy President concluded that the ANMF had met all the necessary requirements for a protected action ballot. Given that the Employers did not oppose the application and had reached a consent position on three ballot questions, the Deputy President decided to amend the application to reflect this agreement and determined the matter on the papers. The Deputy President further confirmed that TrueVote was an approved ballot agent and set the closing date for voting at 28 May 2025, effectively establishing a nine working day ballot period. The matter was then assigned to another Member of the Commission for a compulsory conciliation conference to facilitate further negotiations.

The Fair Work Commission issued an Order to conduct the compulsory conciliation conference and required the attendance of all bargaining representatives. Directions were also likely to be issued to ensure that the parties were prepared for meaningful negotiations at the conference. This Order aimed to facilitate the resolution of the outstanding issues in the proposed enterprise agreement.

Australian Nursing and Midwifery Federation v Queensland Fertility Group Pty Ltd, the Trustee for QFG Day Theatres Unit Trust, Mackay Specialist Day Hospital Pty Ltd, IVF Sunshine Coast Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established