ANMF wins Federal Court injunction against St Vincent’s Private Hospitals as members continue their protected industrial action while negotiations progress

As of 5 February 2025, St Vincent’s Private Hospital members have been taking protected industrial action in pursuit of their safe staffing claims for 80 days, beginning stage 1 actions on 18 November 2024 and stage 2 action on 8 January. ANMF has been attempting to negotiate wages and conditions for St Vincent’s Private Hospitals members since June 2024.

ANMF notified St Vincent’s Private Hospitals before Christmas of members’ intention to escalate to stage 2 protected industrial action and begin their legally protected right to close beds from 8 January. Despite the more than two-week notice period, with no objections, the Branch soon started to hear reports that members were being told their bed closure actions were not legal.

To prevent St Vincent’s Private Hospitals from continuing to sow doubt about the legality of members’ actions, ANMF applied for an injunction from the Federal Court of Australia, which was granted on 17 January.

The Federal Court found that there is a serious question to be tried as to whether St Vincent’s Private Hospitals falsely and recklessly misrepresented the industrial action. While temporary, the injunction legally prevents St Vincent’s Private Hospitals management from asserting that members’ bed closure industrial action is unprotected.

St Vincent’s Private Hospitals was instructed to provide the Federal Court Order to each nursing and midwifery employee by 4pm Monday 20 January. They did so at 3.55pm.

St Vincent’s Private Hospitals management has now agreed to a series of intensive bargaining meetings for two weeks – until 8 February (up until this point, they had only agreed to meet with ANMF six times since June). With ANMF members keen to focus on a resolution, as a show of good faith they have agreed to pause bed closures during this time.

As of publication, some positive progress was being made and the Branch remains hopeful of being able to present a draft EBA to members for their consideration by the end of this week.

What’s happening with other private acute EBAs?

Healthe Care members cease industrial action and voted yes to new offer

In December, following six months of negotiations and eight weeks of protected industrial action, Healthe Care members concluded their campaign, and voted to accept a revised EBA offer from their employer. The ballot closed just before Christmas and received at 57.2% Yes vote. It is now with the Fair Work Commission for approval.

Among other things, the new agreement will:

• include minimum mandated EFT of nurses for safe patient care
• provide a 12.5% wage increase over 25 months, with the first 4.75% due in the first full pay period on or after 1 February 2025. By May 2027, Healthe Care members will be within 0.5% of public sector wage parity
• include comprehensive workload management and workload escalation procedures
• increase work-related allowances such as shift premiums, higher qualifications allowances
• ensure that part-time nurses receive the 6th week of annual leave
• provide 14 weeks paid parental and primary partner leave, and offer recognition of services on unpaid parental leave
• provide five days paid natural disaster leave, and increase compassionate leave to three days
• upgrade free-of-duty/right-to-disconnect entitlements (not including on call)
• increase the weekend and public holiday on call allowances to the equivalent public sector rates of July 2024
• recognise experience for internationally qualified nurses
• include gender equality provisions
• update Job Rep entitlements to the Fair Work Act.

Like all EBA outcomes members did not achieve all their claims, but the outcome achieved established a firm platform for ANMF and members to build on safe staffing levels, wages and working conditions when negotiations for a new EBA recommence in November 2026.

The Branch congratulates members on their achievements.

Churches of Christ also cease protected industrial action

Members at Churches of Christ aged care also concluded their protected industrial action, which began on 24 October.

Having worked under an expired EBA since 2020, and with the facilities’ prospective buyer not willing to engage in negotiations, members secured an 11th-hour enterprise agreement that retains current conditions and wages with improved casual and Sunday rates, compassionate leave, family and domestic violence leave and unions delegates clause to satisfy the better off overall test (BOOT).

The agreement was approved by the Fair Work Commission on Friday 31 January.

Epworth and other upcoming private sector EBA expiry dates

Many of the major Victorian private hospital EBAs expire this year, with the first cab off the rank being Epworth on 28 February. ANMF has served the members’ log of claims to the employer, and bargaining has commenced.

Epworth members are encouraged to get involved. Identify your Job Reps (you can find them on the member portal), talk with your colleagues and make sure your contact details and communication preferences are up to date so that you don’t miss out on important information from ANMF.

Members at St John of God, Healthscope, Ramsay and Cabrini will also enter negotiations for a new EBA this year.

In most cases, bargaining for a replacement EBA can commence six months before the expiry date.

Sign the petition

ANMF regularly hears from private hospitals that they are underfunded by private health insurers. In response to this and the record profits listed by private health insurers, ANMF (Vic Branch) has started a petition calling on the insurers to pay their fair share to private hospitals so that the hospitals can pay decent wages and provide safe staffing.

All ANMF members – and their friends and families – are encouraged to sign the petition.