| [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.
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).
On 28 September 2022, 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 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.
An order has been separately issued in PR746290.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR746289>
- 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 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
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.