s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Healthscope Operations Pty Ltd - non-AEC ballot agent electronic voting

• [1] This is an application by the Health Services' Union (HSU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order (PABO) in relation to certain employees of Healthscope Operations Pty Ltd (Healthscope or Employer).

• [2] I note that the Australian Nursing and Midwifery Federation have made a separate application for a PABO in relation to the same proposed agreement and a PABO was granted in that matter.[1]

• [3] On 23 October 2025, the Commission was advised that the Employer, in effect, did not object to the Application, subject to there being an extended notice period of five working days in relation to four of the proposed forms of industrial action to which the Applicant agreed.

• [4] In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

• [5] On the basis of the material before me, including the declaration of Paul Healey, Branch Secretary, setting out the steps taken by the HSU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Healthscope, 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 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 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 10 November 2025.[2] 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. By consent, the extended notice period of 5 working days applies to questions 1, 16, 17 and 32 listed within Clause five (5) of the Order.

• [9] An Order has been separately issued in PR792985.

• [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.

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

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