1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Nursing and Midwifery Federation v Albury Wodonga Health and Others (B2025/169, B2025/170, B2025/172, B2025/173, B2025/174, B2025/175, B2025/176, B2025/177, B2025/178, B2025/179, B2025/180, B2025/181, B2025/182, B2025/183, B2025/184, B2025/185, B2025/186, B2025/187 and B2025/188) DEPUTY PRESIDENT HAMPTON ADELAIDE, 30 JANUARY 2025 Proposed protected action ballot of Albury Wodonga Health and 18 other Victorian public health care employers employed in mental health services. [1] This decision concerns 19 applications by the Australian Nursing and Midwifery Federation (ANMF or Applicant) made under s.437 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. [2] The ballot applications relate 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. [3] Each of the Employers has appointed the Victorian Hospitals Industrial Association (VHIA) as their bargaining representative. [4] The group of employees to be balloted at each employer are employees for whom the ANMF is acting as the bargaining representative and who fall within the coverage of the SIEA; namely those employed as: • Registered Nurses • Enrolled Nurses • Registered Undergraduate Student of Nursing • Registered Enrolled Nurse Students (Pre-Qualification Enrolled Nurse (PQEN)) • Indigenous Nursing Cadets 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. [2025] FWC 256 DECISION [2025] FWC 256 2 [5] On 29 January 2025, the Commission was advised by the VHIA that the Employers did not object to any of the Applications. [6] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [7] On the basis of the material before me, including the separate declarations of Madeleine Harradence, Assistant Branch Secretary, 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 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. [8] The ballots are to be conducted by Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballots. [9] 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 13 February 2025.2 This also establishes the ballot periods for the purpose of s.448A(2) of the Act. [10] I am satisfied that there are relevant exceptional circumstances required by s.443(5) that justify an extended minimum period of written notice for the purposes of s.414(2)(b) of the Act when taking certain forms of industrial action set out in the Orders made by the Commission. The extended minimum notice period of 7 calendar days applies to the items listed under that heading within clause five (5), and confirmed in clause fourteen (14), of each of the Orders. The default minimum period of 120 hours3 continues to apply to the other forms of action. [11] The Orders properly reflect all of the requirements of s.443(3) of the Act. [12] An Order has been issued in each application. A full list of application numbers, Employers and the Orders issued is attached as Appendix A to this Decision. [13] All matters will be assigned to a single 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 involved 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. [2025] FWC 256 3 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR783758> [2025] FWC 256 4 Appendix A Matter Number Employer Print Number B2025/169 Albury Wodonga Health PR783738 B2025/170 Alfred Health PR783739 B2025/172 Austin Health PR783740 B2025/173 Eastern Health PR783741 B2025/174 Barwon Health PR783742 B2025/175 South West Healthcare PR783744 B2025/176 Bendigo Health PR783745 B2025/177 Latrobe Regional Health PR783746 B2025/178 Goulburn Valley Health PR783748 B2025/179 Grampians Health PR783747 B2025/180 Mercy Hospitals Victoria Ltd PR783749 B2025/181 Mildura Base Public Hospital PR783750 B2025/182 Monash Health PR783751 B2025/183 Melbourne Health PR783752 B2025/184 Peninsula Health PR783753 B2025/185 The Royal Children’s Hospital PR783754 B2025/186 Northern Health PR783755 B2025/187 St Vincent’s Hospital (Melbourne) Limited PR783756 B2025/188 Western Health PR783757 1 B2024/1688 (PR783191). 2 This is, in effect, 10 working days from the making of the Orders and was the period sought in each application. 3 See section 414(2)(a)(ii) of the Act - as these matters involve a proposed multi-enterprise agreement.