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

[2013] FWC 8315

[2013] FWC 8315

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
Iplex Pipelines Australia Pty Limited
(B2013/262)

National Union of Workers
v
Iplex Pipelines Australia Pty Limited
(B2013/1343)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 23 OCTOBER 2013

Proposed protected action ballot by employees of Iplex Pipelines Australia Pty Ltd.

[1] These are applications by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers (NUW) made under s.437 of the Fair Work Act 2009 (the Act) for protected action ballot orders in relation to certain employees of Iplex Pipelines Australia Pty Limited (the Respondent).

[2] On 21 October 2013 I was advised by Mr Brendan Richardson, acting for the Respondent, that it did object to the applications and that the applications should proceed to a hearing. The applications were heard by me on 22 October 2013.

[3] At the start of the hearing it became apparent that the Respondent did not oppose the applications sought but rather had several concerns about the wording of the draft orders and in particular about some of the questions to be put to voters in the ballot. The hearing was then adjourned into conference to discuss the wording in the draft orders.

[4] General agreement was reached in conference on the amendments to be made to the wording of the questions. The parties have subsequently agreed on the precise wording and advised the Commission to that effect.

[5] At the hearing both the AMWU and NUW indicated the parties have met on numerous occasions in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement. This was confirmed by Mr Richardson who stated that the parties had met nine times in an effort to reach agreement, most recently on 8 October 2013. I am therefore satisfied that each applicant is genuinely trying to reach an agreement with the Respondent.

[6] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make orders. The orders [PR543659 and PR543660] are based on the draft orders provided by the AMWU and NUW with the amendments as agreed between the parties and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Appearances:

B. Terzic for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

E. Barrett for the National Union of Workers.

B. Richardson with K. Dagley and B. Chatain for Iplex Pipelines Australia Pty Ltd.

Hearing details:

2013.

Melbourne:

October 22.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR543658>