“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 Summary

[2023] FWC 1152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“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

(B2023/452)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 16 MAY 2023

Proposed protected action ballot of employees of Hospira Australia Pty Ltd Trading As Pfizer Melbourne

This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Hospira Australia Pty Ltd Trading As Pfizer Melbourne (Respondent).

On 16 May 2023, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Mr Stephen Fodrocy of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An order has been separately issued in PR761936.

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), applied to the Fair Work Commission for a protected action ballot order concerning specific employees of Hospira Australia Pty Ltd, trading as Pfizer Melbourne. The application was made under section 437 of the Fair Work Act 2009. The union sought to conduct a ballot for protected industrial action to address unresolved bargaining issues with the employer.

The primary legal issue before the Deputy President was whether the union had met the necessary conditions to hold a ballot for protected action, including whether there was a notification time in relation to the proposed agreement and if the union had genuinely attempted to reach an agreement with the employer. The union argued that it had taken all necessary steps to negotiate with Hospira Australia and was genuinely trying to reach an agreement, which it substantiated with a declaration from Mr Stephen Fodrocy. Hospira Australia did not object to the application, leading the Deputy President to decide the matter based on the submitted documentation without a formal hearing.

Upon reviewing the documentation, including the declaration from the union representative and the absence of objections from Hospira Australia, the Deputy President was satisfied that the union had fulfilled the requirements of section 443(1) of the Fair Work Act. Consequently, the Deputy President granted the union's application for a protected action ballot order. A separate order was issued in PR761936, formalising the decision.

The court's decision was that the AMWU could proceed with the ballot for protected industrial action, as the union had demonstrated that it had attempted to reach an agreement with Hospira Australia and met the notification time requirements as stipulated by the Fair Work Act.

“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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established