Fair Work Act 2009

s 437 - Application for a protected action ballot order

Proposed protected action ballot of employees of The Royal Children's Hospital

• [1] This is an application by Rebecca Luxton (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 Royal Children's Hospital (Royal Children's or Employer), who is subject to a Single Interest Employer Authorisation (SIEA) issued by the Commission on 27 August 2025.[1] The SIEA has been issued in the context of a proposed multi-enterprise agreement.

[2] The Employer has appointed the Victorian Hospitals' Industrial Association (VHIA) as their bargaining representative.

• [3] I note that the Health Services Union (HSU) has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement. [2]

[4] On 27 January 2026, the Commission was advised by the VHIA that the Employer, in effect, did object to the Application.

[5] I listed the matter for hearing at 10:00 AM on Wednesday, 28 January 2026. The following representatives appeared at the Commission: Ms. Luxton; Ms. Pauline Grima, a bargaining representative from Health Services Advocates & Mediators; Ms. Bree Marinier, Legal Officer of the VHIA, and Mr. Peter Cordova, an industrial relations specialist at the Department of Health. After a short conciliation, the parties agreed to a form of the protected action ballot order. The form of order includes the following:

• An explanatory narrative to supplement the short description of each form of industrial action in the questions for the ballot (under the heading "5. Questions" in the Order).

• • The identification of "Phase 1" forms of industrial action that require the minimum notice period of 5 days,[3] and the identification of "Phase 2" forms of industrial action that require an extended notice period of 7 days (also under the heading "5. Questions" in the Order).

• A notation that is not an order of the Commission that records the agreement of the parties to confer on minimum staffing levels 48 hours before the taking of protected industrial action (under the heading "Agreement to confer" at paragraph 16 of the Order).

[6] On the basis of the material before me, including the declaration of the Applicant setting out the steps she has taken in bargaining with the Employer and that she has been, and is, genuinely trying to reach agreement with Royal Children's, 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.

[7] The ballot is to be conducted by True Vote Pty Ltd (True Vote). True Vote has been approved as an eligible protected action ballot agent under s 468A of the Act and is authorised to conduct the ballot.

• [8] 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 6 February 2026.[4] This also establishes the ballot period for the purpose of s 448A(2) of the Act.

[9] An Order has been separately issued in PR796158.

[10] At the end of the conciliation on the form of the order, I informed the parties I intend to convene a s 448A compulsory conciliation conference. I will issue an order requiring the attendance of all bargaining representatives at the conference. Directions will also be issued to ensure the parties attend the conference ready to conduct meaningful negotiations.

[3] Which is the notice period prescribed for a proposed multi-enterprise agreement under s 414(2)(a)(ii).

[4] This is, in effect, 7 working days from the making of the Order and was the specific date requested in the application.

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