Fair Work Act 2009

s.437 - Application for a protected action ballot order

Family Planning Queensland T/A True Relationships & Reproductive Health

Proposed protected action ballot of employees of Family Planning Queensland trading as True Relationships and Reproductive Health - Non-AEC ballot agent 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 Family Planning Queensland trading as True Relationships & Reproductive Health (TRUE or Employer).

[2] On 16 March 2026, the Commission was advised that the Employer did not object to the application but raised concerns regarding some of the detail in the declaration provided with the application concerning the existence of any agreed matters. The ANMF stated that the declaration made was accurate and that in any event, the clarification from the Respondent does not materially affect the substance of the application or the statutory basis upon which the order is sought. This later aspect is not in dispute.

[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 Troy Fernandez, 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 TRUE, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 1 April 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 PR797672.

[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, 10 calendar days after the anticipated commencement of the ballot and was the period sought in the application.

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