Health Services Union v Albury Wodonga Health

[2025] FWC 189

[2025] FWC 189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437A - Application for a protected action ballot order – multi-enterprise agreements

Health Services Union
v

Albury Wodonga Health and Others

(B2025/142)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 22 JANUARY 2025

Proposed protected action ballots of employees of Albury Wodonga Health and 18 other Victorian Public Sector healthcare employers employed in mental health services.

1. This decision concerns an application by the Health Services Union in the form of the Health and Community Services Union (HACSU or Applicant) made under s.437A 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 application relates 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 HACSU is acting as the barging representative and fall within the coverage of the SIEA; namely those employed as:

·Mental Health Service Officers;

·Facilities Services Officers;

·Registered Nurses;

·Enrolled Nurses;

·Health Professionals;

·Lived Experience Workers;

·Health and Allied Service Employees;

·Managers; and

·Administrative Officers

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 21 January 2025, the Commission was advised by the VHIA that the Employers did not object to the Application.

1. I also observe that the Commission raised with the parties concerns about the wording of some of the proposed ballot questions. Amended questions were proposed by HACSU, which addressed the concerns and have not been opposed by the Employers. In that light, I have amended the application accordingly.

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 declaration of Rebecca Sprekos, Acting State Secretary, setting out the steps taken by the HACSU 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 6 February 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order for each individual employer is set out below in Appendix A.

1. I observe for completeness as this matter involves bargaining for a multi-enterprise agreement, s.414 of the Act provides that the minimum period of written notice for any industrial action will be 120 hours.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in relation to all 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

Appendix A

Employer	Print Number of Order
Albury Wodonga Health	PR783482
Alfred Health	PR783483
Austin Health	PR783484
Barwon Health	PR783485
Bendigo Health	PR783486
Eastern Health	PR783487
Goulburn Valley Health	PR783488
Grampians Health	PR783489
Latrobe Regional Health	PR783490
Melbourne Health	PR783491
Mercy Hospitals Victoria Ltd	PR783492
Mildura Base Public Hospital	PR783493
Monash Health	PR783495
Northern Health	PR783496
Peninsula Health	PR783497
The Royal Children's Hospital	PR783498
South West Healthcare	PR783499
St. Vincent's Hospital (Melbourne) Limited	PR783500
Western Health	PR783501

[1] B2025/1688 (PR783191).

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

Printed by authority of the Commonwealth Government Printer

<PR783481>