Public sector mental health EBA update #9: members vote to start protected industrial action from 7am Friday 21 February

14 February 2025

Protected industrial action ballot outcome

Eligible ANMF public sector mental health members across 19 employers have voted in the statewide protected industrial action ballot.

The ballot was held between 9am Thursday 6 February and 5pm Thursday 13 February.

The outcome was declared on 14 February 2025.

To be successful at each employer:

at least 50% had to vote in the ballot ─ all public sector mental health services reached the 50% milestone
and more than 50% of those who voted had to vote ‘yes’ ─ 99% of eligible members voted yes (all in).

This means that members at all 19 public sector mental health employers, employed under the Victorian Mental Health Services EBA, can take protected industrial action from 7am Friday 21 February (see more below).

Statewide members meeting votes to start industrial action from 7am Friday 21 February

ANMF held a statewide members meeting on Friday 14 February.

ANMF (Vic Branch) Assistant Secretary Madeleine Harradence and Industrial Officer Rima Niroumand provided an update on the negotiations and status of claims since the 4 December statewide members meeting.

With no further offer to consider, members voted to:

Note the successful protected industrial action ballot, demonstrating the significant commitment that mental health nurses have to achieving a fair outcome to their log of claims
Note a number of claims remained under discussion or were not agreed
Direct ANMF to request Premier Jacinta Allan ensure that appropriate and senior government representatives were urgently available for intensive negotiations with the ANMF (Vic Branch) for as long as required to resolve the EBA.
To convene a further statewide members meeting as soon as practicable should the government make an acceptable for members consideration or to proceed to stage 2 protected industrial action.

Read the full resolution via anmfvic.asn.au/mhresolution3.

Stage 1 protected industrial action to commence 7am Friday 21 February

Following the successful protected industrial action ballot ANMF wrote to your employer on 14 February 2025 to provide the required minimum 120 hours’ notice of the commencement of stage 1 protected industrial action.

When can protected industrial action start?

7am Friday 21 February

Who can take industrial action?

ANMF mental health nurse members covered by the proposed Victorian public sector mental health services agreement 2025-28.

Which protected industrial action starts on 21 February?

The following actions can start:

A ban on providing information to management in relation to who is participating in protected industrial action.
Commencing and finishing duty at the rostered times unless overtime is approved by the employer, in writing, in advance.
Delaying or restricting the performance of normal duties through a ban on the employer’s uniform policy or dress code, for the purpose of engaging with media, staff, consumers/patients, visitors, residents and their families about the proposed agreement, with employees wearing, distributing and displaying ANMF campaign materials such as t-shirts, badges, written communications and stickers in support of the proposed enterprise agreement.
Delaying or restricting the performance of normal duties by speaking to the media and participating in social media about the campaign during working hours having regard for s141 of the Health Services Act.
A refusal to collect, record, complete or document non-clinical/administrative information required by the employer e.g. outcome measures (i.e. HoNOS), vehicle logbooks, statistical data including contact hours, daily returns/bed movements, Aged Care funding documentation, MHWA PR 1, PR2s and PR5s but excluding any reporting directly related to consumer/patient or staff safety.
A ban on the collection and/or entry of any data (that is not required by law to be entered into the consumer/patient record or related directly to consumer/patient or staff safety) and a refusal to record, collect or complete data required by the employer.
A refusal to attend or participate in any management meeting unless fully back filled.
A refusal to implement any workplace or system change proposed by management, subject to the discretion of the ANMF Branch Secretary in circumstances where the Secretary is satisfied that if the change did not proceed it may negatively impact on staff or consumer/patient safety.
Stoppages of work to display or use ANMF campaign materials, including but not limited to petitions, flyers, posters, stickers, postcards, balloons, video-conferencing backgrounds, digital avatars and/or props or slogans, either by electronic means (including but not limited to email) or by providing these in person, to media, staff, consumers/patients, clients, customers, visitors, residents and/or members of the public; and/or refusing to work in areas where enterprise bargaining campaign materials are not on display.
A ban on sending emails unless they contain the following text:“Mental Health Nurses have worked throughout the pandemic and Royal Commission reforms, while experiencing a casualisation of the workforce, and extraordinary difficulties recruiting and retaining staff.The Victorian Branch of the Australian Nursing and Midwifery Federation is negotiating a new Enterprise Agreement with management on our behalf. We are asking for reasonable improvements to our working conditions, especially our take home pay, to maintain parity with our colleagues in general nursing.”
Taking the full period of all breaks (including meal breaks and rest/tea breaks).
Not working any overtime and/or any hours in addition to an employee’s rostered or contracted ordinary hours of work.
A refusal to be redeployed from one area to another area, unless such redeployment is with the agreement of the employee or the ANMF.

What do I do if I am threatened for participating in protected industrial action?

ANMF does not expect that any consequences will happen, but sometimes individuals can do and or say things that they shouldn’t. We all have to work together again when this ends.

If it does happen:

Make a written record of what occurred, while it is fresh in your memory.
If possible, contact your ANMF Job Rep straight away.
If not possible, contact ANMF as soon as you can.
ANMF will deal with employers directly and (unless you are happy to be named) confidentially, to ensure you are able to participate in what is your legally protected right.

ANMF contact details

For urgent issues relating to protected industrial action call 03 9275 9333 or email records@anmfvic.asn.au.

For less urgent issues or general questions submit an online member assistance form via anmfvic.asn.au/member assistance.

Upcoming workplace visits

ANMF Organisers and staff will visit workplaces commencing next week to provide members with protected industrial action kits and copies of the ‘Dear consumer, client, patient’ letter, the ‘Mental health nurses speak out’ flyer, ‘Social media guidance’ and ‘Information for senior nurses’ and other campaign resources, in preparation for protected industrial action commencing on Friday 21 February. Please keep an eye out for official ANMF members meeting and visit notices to find out when your ANMF Organiser will be on-site.

Campaign resources

Campaign resources including the protected industrial action kit, the ‘mental health nurses speak out flyer’, the ‘dear consumer, client and patient’ letter, social media guidance, information for senior nurses,, the log of claims, and join ANMF posters are available via anmfvic.asn.au/mhresources.

How to get a red t-shirt

ANMF Organisers and staff have been distributing red campaign t-shirts and will continue to drop them off to member during workplace visits.

Many members will have vintage red campaign T-shirts and we encourage you to wear these with pride.

Don’t worry if you don’t have a t-shirt yet. Older members can wear their vintage campaign t-shirts and there are a number of actions you can participate in from 7am, Friday 21 February.