v Mayne Pharma International Pty Ltd T/A Mayne Pharma International Pty Ltd

[2024] FWC 2297

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Mayne Pharma International Pty Ltd T/A Mayne Pharma International Pty Ltd

(B2024/1096)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 AUGUST 2024

Application to extend the 30 day period in relation to B2024/907.

This matter concerns the declaration of the result of a protected action ballot PR777149 held in matter B2024/907 and declared on 30 July 2024.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 T/A 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 28 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking to extend the 30-day period for protected industrial action that was authorised by a protected action ballot. The application was made in relation to a dispute with Mayne Pharma International Pty Ltd T/A Mayne Pharma International Pty Ltd, which did not object to the application. The legal issue before the Commission was whether the 30-day period for the commencement of protected industrial action could be extended under section 459(3) of the Fair Work Act 2009.

The Commission considered the application and determined that the requirements for extending the period were met. Section 459(3) of the Act allows the Commission to extend the 30-day period by up to 30 days if the applicant for the protected action ballot order applies to the Commission for the extension and if the period has not previously been extended. The Commission was satisfied that the applicant had met these conditions and, therefore, the application should be granted. Consequently, the Commission ordered 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, effective from 28 August 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established