[2025] FWC 1591
Citation: [2025] FWC 1591
What happened
Healthscope Operations Pty Ltd (Healthscope) applied to the Fair Work Commission to suspend protected industrial action by members of the Australian Nursing and Midwifery Federation (ANMF). The ANMF planned a 24-hour stop work notice commencing February 21, 2025, and a two-hour stop work notice commencing February 22, 2025, at Newcastle Private Hospital (NPH). This action related to enterprise agreement negotiations for nursing and midwifery employees across Healthscope's 12 New South Wales hospitals. NPH operates a birthing suite with six suites that handles approximately 1630 births annually. Concerns arose about staffing levels during the planned industrial action, potentially impacting patient safety and care.
What was decided
The Fair Work Commission granted Healthscope’s application to suspend the protected industrial action. Commissioner Ryan was satisfied the action threatened the health and welfare of patients due to potential insufficient staffing in the birthing suite. The ANMF did not provide assurances regarding minimum staffing levels, and JHH (a nearby hospital) lacked capacity to handle redirected births. While a transfer of expectant mothers to JHH is possible for specific cases, Healthscope argued that changes to birthing location or obstetrician could be traumatic for patients.
What it means for employers
Employers should proactively assess the potential impact of industrial action on patient safety and welfare. Communication with unions regarding staffing levels during industrial action is crucial. Having contingency plans in place, such as identifying transferable skills among employees and exploring alternative care arrangements, can mitigate risks associated with protected industrial action.
What it means for employees
Employees participating in industrial action should be aware of the potential for the Fair Work Commission to suspend or terminate that action if it poses a risk to health, safety, or welfare. Unions have a responsibility to provide assurances regarding minimum staffing levels during industrial action to ensure patient care is not compromised.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →