s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Cabrini Health Limited - non-AEC ballot electronic voting

[1] 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 Cabrini Health Limited (Cabrini or Employer).

[2] On 15 January 2026 the Commission was advised that the Employer, in effect, did not object to the Application if amended to reflect discussions between the parties. The amendments concerned proposed ballot questions and the inclusion of an extended notice period for some of the proposed forms of protected industrial action.

[3] 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.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the declaration of Michelle Baldini, 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 Cabrini, 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.

[6] The ballot is to be conducted by Vero Engagement and 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 ballot.

• [7] 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 4 February 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[8] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of five (5) working days applies in respect of the industrial action taken by employees arising from the nominated ballot questions listed within Clause 5 of the Order.

[9] An Order has been separately issued in PR795934.

[10] 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.

[1] This is, in effect, 12 working days from the making of the Order and was the specific date sought in the application.

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