v Albury Wodonga Health & Others

[2025] FWC 712

[2025] FWC 712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Australian Nursing and Midwifery Federation

v

Albury Wodonga Health & Others

(B2025/444, B2025/445, B2025/446, B2025/447, B2025/448, B2025/449, B2025/450, B2025/451, B2025/452, B2025/453, B2025/454, B2025/455, B2025/456, B2025/457, B2025/458, B2025/459, B2025/461, B2025/462, B2025/463)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 13 MARCH 2025

Applications to extend the 30-day period in relation to relevant matter numbers

1. This Decision concerns the declaration of the results of 19 protected action ballots outlined in Annexure A that were declared on 13 February 2025.

1. Each of these protected action ballots relate to a Victorian public health employer that is authorised to bargain together by way of a Single Interest Employer Authorisation[1] (Authorisation) issued by the Fair Work Commission on 17 January 2025 (collectively the Employers).

1. The Australian Nursing and Midwifery Federation (ANMF) has made a separate application pursuant to s.459(3) of the Fair Work Act 2009 (Act) in relation to each protected action ballot order set out in Annexure A. The applications seek to extend the 30 day period in which industrial action is authorised by the relevant ballot, by a further 30 days.

1. Section 459(3) of the Act provides as follows:

“(1)Industrial action by employees is authorised by a protected action ballot if:

(a)   the action was the subject of the ballot; and

(b)   at least 50% of the employees on the roll of votes for the ballot voted in the ballots; and

(c)   more than 50% of the valid votes were votes approving the action; and

(d)   the action commences:

(i)     during the 30-day period starting on the date of the declaration of the results of the ballot; or

(ii)  if the FWC has extended that period under subsection (3) – during the extended period.

Note:Under Division 2, industrial action by employees for a proposed enterprise agreement (other than employee response action) is not protected industrial action unless it has been authorised in advance by a protected action ballot.

… …

(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b)     the period has not previously been extended.”

1. The applications contend that each of the relevant requirements have been met and that the periods should be extended by a further 30 days in each case. This includes that the relevant periods have not previously been extended.

1. The Victorian Hospitals’ Industrial Association, which is authorised to act on behalf of each of the Employers, has advised the Commission that it does not object to the applications.

1. I am satisfied that the relevant requirements of the Act have been met and that the applications should be granted.

1. Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballots set out in Annexure A and are employed by the relevant Employers, be extended in each case by a further 30 days.

1. This order will operate on and from 14 March 2025.

1. I observe that given that bargaining under the Authorisation continues, and no new enterprise agreement has yet been reached, it is open to one or more of the parties to seek the further assistance of the Commission under s.240 of the Act.

DEPUTY PRESIDENT

Annexure A

Section 459(3) matter number	Original PABO matter number	PABO print number	Employer Name on the relevant Application
B2025/444	B2025/175	PR783744	South West Healthcare
B2025/445	B2025/185	PR783754	The Royal Children’s Hospital
B2025/446	B2025/188	PR783757	Western Health
B2025/447	B2025/186	PR783755	Northern Health
B2025/448	B2025/187	PR783756	St Vincent’s Hospital (Melbourne) Limited
B2025/449	B2025/177	PR783746	Latrobe Regional Health
B2025/450	B2025/180	PR783749	Mercy Hospitals Victoria Ltd
B2025/451	B2025/182	PR783751	Monash Health
B2025/452	B2025/181	PR783750	Mildura Base Public Hospital
B2025/453	B2025/179	PR783747	Grampians Health
B2025/454	B2025/174	PR783742	Barwon Health
B2025/455	B2025/184	PR783753	Peninsula Health
B2025/456	B2025/178	PR783748	Goulburn Valley Health
B2025/457	B2025/169	PR783738	Albury Wodonga Health
B2025/458	B2025/173	PR783741	Eastern Health
B2025/459	B2025/170	PR783739	Alfred Health
B2025/461	B2025/176	PR783745	Bendigo Health
B2025/462	B2025/172	PR783740	Austin Health
B2025/463	B2025/183	PR783752	Melbourne Health

[1] [2025] FWC 96 and PR783191.

Printed by authority of the Commonwealth Government Printer

<PR785135>