Fair Work Act 2009

s.437 - Application for a protected action ballot order

Department of Infrastructure, Transport, Regional Development, Communication, Sports, and the Arts

Proposed protected action ballot of employees of the Department of Infrastructure, Transport, Regional Development, Communication, Sports, and the Arts - 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 the Department of Infrastructure, Transport, Regional Development, Communication, Sports, and the Arts (Department of Infrastructure or Employer). I observe that the application was amended to deal with certain drafting issues raised by the Commission.

[2] On 25 February 2026, the Commission was advised that the Employer, in effect, did not object to the amended application. I also observe that it did formally raise some potential future health and safety concerns about the proposed industrial action given the location of the relevant work - Christmas Island and Cocos (Keeling) Islands.

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

[4] On the basis of the material before me, including the declaration of Terry Lindon Hicks, Registered Nurse, 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 Department of Infrastructure, 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.

[5] The ballot is 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 is authorised to conduct the ballot.

• [6] 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 13 March 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] An Order has been separately issued in PR797110.

[8] 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, 11 working days from the making of the Order.

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