v Mayne Pharma International Pty Ltd

[2024] FWC 2288

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)

Mayne Pharma International Pty Ltd

(B2024/1091)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 AUGUST 2024

Application to extend the 30 day period in relation to B2024/909.

This matter concerns the declaration of the result of a protected action ballot PR777157 held in matter B2024/909 and declared on 31 July 2024.

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

Mayne Pharma International Pty Ltd 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 employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

This order will operate on and from 27 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), acting on behalf of its members, applied to the Fair Work Commission (FWC) for an extension of the 30-day period for initiating industrial action authorised by a protected action ballot held under matter number B2024/909. The respondent to the application was Mayne Pharma International Pty Ltd. The application sought to extend the period under section 459(3) of the Fair Work Act 2009, which allows for an extension of the 30-day period if certain conditions are met.

The primary legal issue before the Deputy President was whether the AMWU had fulfilled the statutory criteria to warrant an extension of the 30-day period for protected industrial action. This involved examining if the union had made an application for the extension, and if the period had not been previously extended. The union argued that it had met all necessary requirements for an extension, and Mayne Pharma International Pty Ltd did not oppose the application.

In assessing the application, the Deputy President considered the statutory provisions and the circumstances presented. The AMWU's application was deemed to meet the criteria under section 459(3) of the Act. The Deputy President found that there was no opposition from Mayne Pharma International Pty Ltd, and the union had satisfied the conditions for the extension. Consequently, the Deputy President granted the application, extending the 30-day period by an additional 30 days, effective from 27 August 2024.

This decision reinforces the procedural requirements for extending the period for protected industrial action under the Fair Work Act. The extension granted ensures that the union can proceed with any planned industrial action within the newly specified timeframe, provided all other legal and procedural requirements are met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established