s.437 - Application for a protected action ballot order

State of Victoria (Secretary to the Department of Education)

Proposed protected action ballot of employees of Department of Education - 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 the State of Victoria (Secretary to the Department of Education) (Department of Education or Employer).

• [2] I note that the Australian Education Union have made a separate and earlier application for a protected action ballot order in relation to the same proposed agreement.[1]

[3] On 26 March 2026, the Commission was advised that the Employer did not object to the Application. I observe that the ANMF had earlier clarified that the ballot question(s) is to be considered as a consolidated question, which seeks the endorsement, or otherwise, of all of the proposed forms of action. I have slightly amended the ballot question to reflect the intended nature of the question.

[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 Michael Cornthwaite, 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 the Department of Education, 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 & Voting Solutions Pty Ltd (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s.468A of the Act and 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 13 April 2026.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[8] An Order has been separately issued in PR798049.

[9] 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.

[2] This is, in effect, 10 working days from the making of the Order and generally reflects the period sought in the application.

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