“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union v Hospira Australia Pty Ltd

[2014] FWC 3102

[2014] FWC 3102

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
v
Hospira Australia Pty Ltd
(B2014/88)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 12 MAY 2014

Proposed protected action ballot by employees of Hospira Australia Pty Ltd.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Hospira Australia Pty Ltd (Hospira). The application was made to the Fair Work Commission (the Commission) on 8 May 2014.

[2] The AMWU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately ten occasions since it served a log of claims on the Respondent on or about 7 February 2014 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 9 May 2014, Mr Chris Kagiaros, Director - Human Resources, International Operations - Pharma, at Hospira advised that Hospira had concerns regarding the AMWU’s application and wanted to be heard on the terms of the application.

[4] In the circumstances, I convened a conference on 12 May 2014 to discuss the application. Hospira indicated there were exceptional circumstances justifying the period of written notice being extended to seven working days and relied upon my decision in National Union of Workers v Hospira Australia Pty Ltd[2014] FWC 1836 in support of that contention. Hospira did not contend that the AMWU had not been or is not genuinely trying to reach an agreement with it. Following further discussions between the parties, it was agreed that seven working days notice of industrial action would be provided by the AMWU to Hospira.

[5] Section 443(1) of the Act provides that:

“(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.”

[6] Further, s.441(1) of the Act requires that the Commission “must, as far as practicable, determine an application for a protected action ballot order within two working days after the application is made”.

[7] On the basis of the material before me, I am satisfied the requirements in s.443(1) of the Act have been met.

[8] Accordingly, I will make an order. The order (PR550483) is based on the draft order provided by the AMWU, and reflects the agreement of the parties on the provision of seven working days written notice of industrial action. The order will be issued in conjunction with this decision.

DEPUTY PRESIDENT

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