“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Mayne Pharma International Pty Ltd T/A Mayne Pharma

Case [2022] FWC 2613


[2022] FWC 2613

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

Mayne Pharma International Pty Ltd T/A Mayne Pharma

(B2022/1465)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 28 SEPTEMBER 2022

Proposed protected action ballot of employees of Mayne Pharma International Pty Ltd T/A Mayne Pharma.

  1. 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 Mayne Pharma International Pty Ltd T/A Mayne Pharma (Respondent).

  1. On 28 September 2022, my Associate was advised that the Respondent did not object to the application.

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

  1. On the basis of the material before me, including the declaration of Mr Stuart Gordon 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.

  1. An order has been separately issued in PR746290.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR746289>

Details
AGLC
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Mayne Pharma International Pty Ltd T/A Mayne Pharma [2022] FWC 2613
Case
[2022] FWC 2613
Decision Date

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot order from the Fair Work Commission under section 437 of the Fair Work Act 2009, in relation to certain employees of Mayne Pharma International Pty Ltd T/A Mayne Pharma. The AMWU had been attempting to reach an agreement with the respondent through bargaining and was seeking to conduct a protected action ballot as part of this process. Mayne Pharma did not object to the application, and the matter was determined on the papers without a hearing. The Deputy President was satisfied that the requirements for a protected action ballot had been met, and the application was granted.

The legal issue before the Deputy President was whether the AMWU had met the requirements for a protected action ballot under the Fair Work Act. The AMWU needed to demonstrate that it had been genuinely attempting to reach agreement with Mayne Pharma and that the proposed agreement had a notification time. The Deputy President considered the material before them, including the declaration of Mr Stuart Gordon of the AMWU, and was satisfied that the requirements had been met.

The Deputy President determined that the AMWU had met the requirements for a protected action ballot under the Fair Work Act. The AMWU had provided evidence of its attempts to reach an agreement with Mayne Pharma and had demonstrated that the proposed agreement had a notification time. As Mayne Pharma did not object to the application, the Deputy President was satisfied that the requirements for a protected action ballot had been met and granted the application.

The Fair Work Commission issued an order in PR746290, permitting the AMWU to conduct a protected action ballot in relation to certain employees of Mayne Pharma International Pty Ltd T/A Mayne Pharma. This order allows the AMWU to proceed with the ballot, subject to the terms and conditions outlined in the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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