"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Iplex Pipelines Australia Pty Limited

[2025] FWC 1119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

Iplex Pipelines Australia Pty Limited

(B2025/654)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 APRIL 2025

Proposed protected action ballot of employees of Iplex Pipelines Australia Pty Limited

This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Iplex Pipelines Australia Pty Limited (Iplex or Employer).

I note that the United Workers’ Union (UWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 22 April 2025, the Commission was advised that the Employer, in effect, 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 Andrew Bonello, Industrial Officer, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Iplex, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission (AEC).

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 4 June 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR786317.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2025/608.

[2] This is, in effect, 30 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), and Iplex Pipelines Australia Pty Limited, the Fair Work Commission was tasked with determining an application for a protected action ballot order. The AMWU sought the order to allow its members, who are employees of Iplex, to vote on proposed industrial action. The United Workers' Union (UWU) had made a similar application regarding the same enterprise agreement. The Employer did not object to the AMWU's application, which led the Deputy President to decide on the matter based on the documentation provided.

The primary legal issues before the Court were whether the AMWU had met the statutory requirements to hold a ballot for protected action and if the proposed agreement had a notification period as stipulated under the Fair Work Act 2009. The Deputy President considered the declaration of Andrew Bonello, the Industrial Officer, which outlined the union's efforts to negotiate with the Employer. The Court examined if the AMWU genuinely attempted to reach an agreement with Iplex and if all conditions under section 443(1) of the Act were fulfilled. The declaration provided sufficient evidence that the union had been engaged in good faith bargaining.

The Fair Work Commission found that the AMWU had satisfied all requirements for holding a ballot, including the notification period for the proposed agreement. The Deputy President set the closing date for voting as 4 June 2025, which aligns with the 30 working days from the issuance of the order. The decision ensured that the ballot would be conducted by the Australian Electoral Commission. This determination also established the ballot period for the purposes of section 448A(2) of the Act. The matter was assigned to another Commission member for the compulsory conciliation conference, with an order requiring all bargaining representatives to attend.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established