"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Hospira Australia Pty Ltd T/A Pfizer Melbourne

[2023] FWC 1917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

Hospira Australia Pty Ltd T/A Pfizer Melbourne

(B2023/774)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 AUGUST 2023

Application to extend the 30 day period in relation to B2023/452

This matter concerns the declaration of the result of a protected action ballot (PR761936) held in matter B2023/452 and declared on 28 June 2023.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the AMWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

The Respondent has not advised the Commission of any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible AMWU members employed by Hospira Australia Pty Ltd T/A Pfizer Melbourne be extended by a further 30 days.

This order will operate on and from 2 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), sought an extension to the 30-day period in which industrial action could be authorised by a protected action ballot. The application was made against Hospira Australia Pty Ltd T/A Pfizer Melbourne, and the matter was heard by the Fair Work Commission. The Commission was required to decide whether the AMWU’s application to extend the 30-day period for commencing industrial action, authorised by the relevant protected action ballot, should be granted.

The legal issue before the Commission was whether the AMWU had met the requirements under section 459(3) of the Fair Work Act 2009 for the extension of the 30-day period. The AMWU argued that the requirements were satisfied, and the Commission needed to consider whether the application met the legislative criteria for an extension, particularly focusing on the period not having been extended previously. The Commission also needed to consider the absence of any objection from the Respondent, Hospira Australia Pty Ltd T/A Pfizer Melbourne.

The Fair Work Commission found that the AMWU’s application met the statutory requirements for an extension. Section 459(3) of the Act allows for an extension of the 30-day period if the applicant applies for the extension and the period has not previously been extended. The Commission confirmed that the AMWU had applied for the extension and that the period had not been extended before. Additionally, the Respondent had not raised any objections to the application. Consequently, the Commission was satisfied that the requirements for the extension were met, and the application should be granted. The Commission ordered that the 30-day period for the commencement of protected industrial action for eligible AMWU members employed by Hospira Australia Pty Ltd T/A Pfizer Melbourne be extended by a further 30 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established